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Stein v. Fairway Cab Corp.

42 A.D.2d 723 Court N.Y. App. Div. Decision date 1973-07-02 English

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p. 723
Eileen K. Stein, Appellant, v. Fairway Cab Corp. et al, Respondents.

— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 3, 1971, in favor of defendants, upon a jury verdict. Judgment affirmed, with costs jointly to respondents appearing separately and filing separate briefs. Even if it could be said that plaintiff was entitled to receive nominal damages, a judgment for defendants should not on that account be reversed (see Pernitz v. Barnet, N. Y. L. J., June 23, 1959, p. 13, col. 3; Within v. City of New Yorh, 3 A D 2d 720 , mot. for rearg. and iv. to opp. den. 3 A D 2d 764 ; Leonard v. Volz, 190 App. Div. 748 , affd. 232 N. Y. 575 ; Cottone v. Cristiano, 1 Mise 2d 1036). Hopkins, Acting P. J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.

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