Opinion
Argued November 22, 1971
Decided January 5, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY M. LIVOTI, J.
Bernard Meyerson and James J. McDonald for appellant.
Samuel B. Weingrad for respondent.
Order affirmed, with costs; no opinion.
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.