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Buono v. Smith

281 A.D. 892 Court N.Y. App. Div. Decision date 1953-03-16 English

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p. 892
Nicholas Buono, Appellant, v. Gilbert Smith, Respondent.

In an action to recover damages for injuries to person and property suffered when plaintiff’s automobile ran into the rear of defendant’s truck, which was stalled on the highway, the complaint was dismissed at the close of plaintiff’s case. Judgment unanimously affirmed, with costs. The evidence required direction of a verdict in favor of defendant. (Axelrod v. Krupinslci, 303 N. Y. 738 .) Present — Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ.

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