MALONEY v. HOWARD JOHNSON, INC.


5 A.D.2d 1015 (1958)

Thomas J. Maloney, Jr., an Infant, by Thomas J. Maloney, His Guardian ad Litem, Respondent, et al., Plaintiff, v. Howard Johnson, Inc., et al., Appellants, et al., Defendants

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

April 28, 1958


Judgment insofar as appealed from reversed on the law, without costs, and complaint dismissed. The findings of fact are affirmed.

No actionable negligence was shown (Scanlon v. Temple, 297 N.Y. 516; Betancourt v. Wilson, 3 A.D.2d 465). Even if it be assumed that Kalter was guilty of negligent operation of his motor vehicle, there is no proof which warrants the inference that the double parking of the truck contributed...

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