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281 A.D. 892

Buono v. Smith

Appellate Division of the Supreme Court of the State of New York · decided 1953-03-16

Relies on Axelrod v. Krupinski

Decided 1953-03-16

¶1In an action to recover damages for injuries to person and property suffered when plaintiff’s automobile ran into the rear of defendant’s truck, which was stalled on the highway, the complaint was dismissed at the close of plaintiff’s case. Judgment unanimously affirmed, with costs. The evidence required direction of a verdict in favor of defendant. (Axelrod v. Krupinslci, 303 N. Y. 738.) Present — Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ.

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