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SCALONE v. TALLEY MOTORS, INC.

3 A.D.2d 674 (1957)

Carolyn A. Scalone, an Infant, by Rocco J. Scalone, Her Guardian ad Litem, Respondent, v. Talley Motors, Inc., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1957

Order modified by striking from the first ordering paragraph the words "in all respects" and by adding, in the second ordering paragraph, after the word "out", a provision granting leave to appellants to plead over in order to assert a claim for recoupment of any loss sustained from deterioration of the automobile while in respondent's possession. As so modified, order unanimously affirmed, with $10 costs and disbursements to respondent.

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