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Harvey v. Dileno

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1970
35 A.D.2d 668 (N.Y. App. Div. 1970)

Opinion

September 21, 1970


In a negligence action to recover damages for personal injuries sustained by a sleeping passenger of an automobile that left the roadway and collided with a utility pole when the driver fell asleep at the wheel, defendants appeal from an order of the Supreme Court, Suffolk County, entered May 4, 1970, which granted plaintiffs' motion for summary judgment and directed an assessment of damages. Order reversed, without costs, and plaintiffs' motion denied. In our opinion, the record presents triable issues as to the alleged negligence of the defendant driver in falling asleep at the wheel of the automobile while driving ( Cicero v. Clark, 23 A.D.2d 583; Smith v. McIntyre, 20 A.D.2d 711; Donahue v. Romahn, 10 A.D.2d 637). Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.


Summaries of

Harvey v. Dileno

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1970
35 A.D.2d 668 (N.Y. App. Div. 1970)
Case details for

Harvey v. Dileno

Case Details

Full title:LAURA A. HARVEY et al., Respondents, v. JAMES DILENO, JR., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 21, 1970

Citations

35 A.D.2d 668 (N.Y. App. Div. 1970)

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