Miller v. Sinram Marnis Oil Co., Inc.

Full title: FREDERICK J. MILLER, Respondent, v. SINRAM MARNIS OIL CO., INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 24, 1957

8 Misc. 2d 1041 (N.Y. App. Term 1957)

160 N.Y.S.2d 892

Opinion

January 24, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH A. BOCCIA, J.

A.J. Clarke for appellant.

No appearance for respondent.

Per Curiam.

Assuming that there was a violation of an ordinance by the defendant in double parking its truck for the purpose of making a delivery of oil, there was no showing that this violation was the proximate cause of plaintiff's damage.

The judgment should be reversed, with $30 costs, and judgment directed for the defendant, with costs.

HECHT, AURELIO and TILZER, JJ., concur.

Judgment reversed, etc.