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Davis v. Pross

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1957
3 A.D.2d 919 (N.Y. App. Div. 1957)

Opinion

May 13, 1957

Present — Wenzel, Acting P.J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.


In an action to recover damages for injuries to a motor vehicle, in which a counterclaim for similar relief was interposed, the appeal, by permission of this court, is from an order of the Appellate Term affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, entered after trial by the court without a jury, awarding respondent $35 and dismissing the counterclaim. Order modified on the law by striking therefrom everything following the words "and the same is hereby" and by substituting therefor the words "modified by striking therefrom the decretal paragraph and by substituting therefor a provision that the complaint and counterclaim be dismissed, and as so modified, affirmed." As thus modified, order unanimously affirmed, without costs. The findings of fact are affirmed. In our opinion, the proof does not establish that appellant's car collided with respondent's, nor is there any proof that either party was negligent (see Wank v. Ambrosino, 307 N.Y. 321; Levins v. Bucholtz, 2 A.D.2d 351).


Summaries of

Davis v. Pross

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1957
3 A.D.2d 919 (N.Y. App. Div. 1957)
Case details for

Davis v. Pross

Case Details

Full title:ALFRED DAVIS, Respondent, v. HUGO PROSS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 13, 1957

Citations

3 A.D.2d 919 (N.Y. App. Div. 1957)