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5 A.D.2d 844

Berg v. Given

Appellate Division of the Supreme Court of the State of New York · decided 1958-02-17

Decided 1958-02-17

¶1— In an action to recover damages to person and property and for medical expenses and loss of services, the appeal is from a judgment entered on a jury verdict for $5,000 for the personal injuries and $2,000 for the property damage and medical expense and loss of services. The injuries to person and property are alleged to have been received when a motor vehicle owned and operated by appellant struck the motor vehicle owned by respondent Cosimiro Contini, and operated by his wife, respondent Joan Contini. The evidence *845indicates that appellant’s motor vehicle was struck in the rear by a third motor vehicle and was pushed into the rear of respondents’ vehicle, which had come to a stop. Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed. In our opinion there is no evidence in this record to support a finding of negligence on the part of appellant.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.
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