Blumenstock v. Weissman

Plaintiffs commenced an action before the Justice of the Peace (Palmer, J.), Town of Yorktown, for personal injuries and property damage as the result of an automobile collision. The Justice rendered a factual determination on October 2, 1963 to the effect that the plaintiffs were contributorily negligent and dismissed the complaint after trial.

An appeal was taken to this court and, upon submission, a decision was rendered on April 22, 1964 (N. Y. L. J., April 29,1964, p. 21, col. 7), affirming the judgment of the lower court. On May 18, 1964, a reargument was granted and upon the reargument,…