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Miller v. Sinram Marnis Oil Co.

8 Misc. 2d 1041 Court Supreme Court, Appellate Term, First Department, Decision date 1957-01-24 English

Judges Hecht, Aurelio and Tilzer, JJ., concur.

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Majority

p. 1041
Frederick J. Miller, Respondent, v. Sinram Marnis Oil Co., Inc., Appellant.
Supreme Court, Appellate Term, First Department,
January 24, 1957.
A. J. Clarice for appellant.
No appearance for respondent.

Assuming that there was a violation of an ordinance by the defendant in double parking its truck for the purpose of making a delivery of oil, there was no showing that this violation was the proximate cause of plaintiff’s damage.

The judgment should be reversed, with $30 costs, and judgment directed for the defendant, with costs.

Hecht, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.