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Pellich v. American Yellow Taxi Operators Corp.

220 A.D. 815 Court N.Y. App. Div. English

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p. 815
Louis Pellich, Respondent, v. American Yellow Taxi Operators Corporation, Appellant.

Judgment and order affirmed, -with costs. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.; Merrell, J., dissents on the ground (1) that plaintiff failed to make out a cause of action showing negfigenee on the part of the driver of the taxicab; (2) that there was no sufficient evidence offered by plaintiff showing his freedom from contributory negligence.