Cammarata v. Nassau Appliance Company

New York Court of Appeals

Cammarata v. Nassau Appliance Company

27 N.E.2d 205, 282 N.Y. 795, 1940 N.Y. LEXIS 1564

CourtNew York Court of Appeals

DecidedApril 16, 1940

StatusPublished

Cited by1 cases

This text of 27 N.E.2d 205 (Cammarata v. Nassau Appliance Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cammarata v. Nassau Appliance Company, 27 N.E.2d 205, 282 N.Y. 795, 1940 N.Y. LEXIS 1564 (N.Y. 1940).

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Opinion

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division upon the ground that the following questions of fact were presented for the jury, viz.: (1) Whether the nature of the work was such as to suggest or indicate to a reasonably prudent person that the automobile would be tested on the road by the mechanic or his servant in connection with the repairs; and (2) whether the automobile was being so used in a road test at the time of the accident. (Zuckerman v. Parton, 260 N. Y. 446.) No opinion.

Concur: Loughran, Rippey, Lewis and Conway, JJ. Dissenting: Lehman, Ch. J., Finch and Sears, JJ.

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Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division upon the ground that the following questions of fact were presented for the jury, viz.: (1) Whether the nature of the work was such as to suggest or indicate to a reasonably prudent person that the automobile would be tested on the road by the mechanic or his servant in connection with the repairs; and (2) whether the automobile was being so used in a road test at the time of the accident. (Zuckerman v. Parton, 260 N. Y. 446.) No opinion.

Concur: Loughran, Rippey, Lewis and Conway, JJ. Dissenting: Lehman, Ch. J., Finch and Sears, JJ.

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Bluebook (online)

27 N.E.2d 205, 282 N.Y. 795, 1940 N.Y. LEXIS 1564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cammarata-v-nassau-appliance-company-ny-1940.

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