Levenson v. Tamarack Holding Co.

256 A.D. 1000, 11 N.Y.S.2d 545, 1939 N.Y. App. Div. LEXIS 5830

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 21, 1939
• Status: Published

Opinion

Plaintiff was a passenger in an automobile driven by defendant Gertrude F. Kahn. In passing an oncoming automobile she turned her steering wheel to the right and the automobile went off the road, toppled into a ditch and over an embankment, the plaintiff was injured. On defendants’ motion the complaint was dismissed at the close of plaintiff’s evidence, and judgment was entered in conformity therewith. Judgment unanimously affirmed, with costs, on the authority of Dilger v. Kumpf (255 N. Y. 616). Present — Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.