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Martin v. Donahue

289 N.Y. 722 Court N.Y. Decision date 1942-12-03 English

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p. 722
Kathryn T. Martin, Respondent, v. Florence Donahue, Appellant, Impleaded with Another.
Argued October 21, 1942;
decided December 3, 1942.
p. 723
Kenneth J. Dugan for appellant.
John J. Donohue, Edward N. Schedberling and John M. Schneider for respondent.

Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no evidence sufficient to establish negligence on the part of the defendant Donahue. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Dissenting: Conway, J.