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Rosenthal v. Monastra

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1967
27 A.D.2d 749 (N.Y. App. Div. 1967)

Opinion

February 20, 1967


Order of the Supreme Court, Orange County, dated August 22, 1966, reversed and plaintiffs' motion for summary judgment denied, without costs. The infant plaintiff, 18 years of age at the time of the accident which is the basis of this action, was a passenger in a car owned and operated by defendant. The night was clear and the road dry. The car suddenly swerved off the road. There is no clear explanation in the papers on the motion as to how the accident occurred. In our opinion, it was an improvident exercise of discretion by the learned Special Term to grant plaintiffs' motion for summary judgment. The issue of negligence and any other relevant issues should be tried and determined by a jury ( Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, and cases there cited). Ughetta, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Rosenthal v. Monastra

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1967
27 A.D.2d 749 (N.Y. App. Div. 1967)
Case details for

Rosenthal v. Monastra

Case Details

Full title:JANICE ROSENTHAL, an Infant, by Her Father and Natural Guardian, HAROLD…

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

Date published: Feb 20, 1967

Citations

27 A.D.2d 749 (N.Y. App. Div. 1967)

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