[Download] "Hermione W. De Paul Et Al. v. Cyril George" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Hermione W. De Paul Et Al. v. Cyril George
- Author : Supreme Court of New York
- Release Date : January 02, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[34 A.D.2d 620 Page 620] The court is unanimous in sustaining the claim of plaintiffs-respondents that there is no issue as to the negligence of
defendant-appellant, driver of the car in which they were passengers. That issue was laid to rest in the earlier litigation
between defendant-appellant and the driver of the other vehicle (see B. R. De Witt, Inc. v. Hall, 19 N.Y.2d 141). We are not,
however, unanimous as to another purported issue for, in the dissent, it is "noted that the contributory negligence of the
plaintiffs, if any, was not an issue in the prior action and was never litigated." However, one need not look to the record
of the [34 A.D.2d 620 Page 621]