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Simon v. Rifenburg

271 A.D.2d 833 Court N.Y. App. Div. Decision date 1946-11-12 English

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p. 833
George P. Simon, Sr., as Administrator of the Estate of George P. Simon, Jr., Deceased, Appellant, v. Alexander Rifenburg et al., Respondents.

Action to recover damages for the death of plaintiff’s intestate as the result of a collision between an automobile operated by decedent and a truck owned by defendant Rifenburg and operated by defendant Bjelis. Order setting aside the verdict of a jury in favor of plaintiff as contrary to the evidence, and directing a new trial of the action, unanimously affirmed, with costs. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston and Aldrich, JJ.; Adel, J., not voting.