Hyperlawhypertext legal databasebeta Kracker v. City of New York 36 A.D.2d 538

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Kracker v. City of New York

36 A.D.2d 538 Court N.Y. App. Div. Decision date 1971-01-25 English

Contents

Majority

p. 538
Walter Kracker, Respondent, v. City of New York et al., Defendants, and Myrtle Motors Corporation, Appellant.
p. 539
No opinion. Munder, Acting P. J., Brennan and Benjamin, JJ., concur; Martuscello and Shapiro, JJ., dissent and vote to reverse the judgment insofar as appealed from and to grant a new trial between plaintiff and defendant Myrtle Motors Corporation, with the following memorandum: In our opinion it was error for the trial court not to permit Myrtle Motors Corporation to show that the absence of brake fluid in plaintiff’s automobile was caused by the heavy impact of that vehicle with the Easton Motors truck.