Solomon v. Russo

Memorandum. The order of the Appellate Division, affirming a judgment entered on a jury verdict in favor of plaintiffs-respondents Solomon and Keene against defendant-appellant Russo, should be reversed Avith costs and the complaints dismissed. As the facts are not in issue, only a question of larv is presented (Matter of Martin v. Plaut, 293 N. Y. 617, 618; Matter of Christiansen v. Hill Reproduction Co., 262 App. Div. 379, 380, affd. 287 N. Y. 690). Concededly, the accident at issue occurred Avhile plaintiffs and defendant, who Avere coemployees, were returning in defendant’s car to the…