Hyperlawhypertext legal database Kracker v. City of New York 29 N.Y.2d 884

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Kracker v. City of New York

29 N.Y.2d 884 Court N.Y. Decision date 1972-01-05 English

Contents

Majority

p. 884
Walter Kracker, Respondent, v. City of New York et al., Defendants, and Myrtle Motors Corporation, Appellant.
Argued November 22, 1971;
decided January 5, 1972.
p. 885
Bernard Meyerson and James J. McDonald for appellant.
Samuel B. Weingrad for respondent.

Order affirmed, with costs; no opinion.

p. 886
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Gibson. Judge Jasen dissents and votes to reverse in the following memorandum: I agree with the dissenters below that 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 truck.