PERGOLA v. NICASTRO


21 Misc.2d 98 (1959)

Nettie Pergola et al., Plaintiffs, v. Charles A. Nicastro, Defendant.

Supreme Court, Special Term, Kings County.

November 20, 1959.


Attorney(s) appearing for the Case

Myron Epstein for plaintiffs.

Raymond J. MacDonnell for defendant.


WALTER R. HART, J.

Plaintiffs, passengers in defendant's vehicle, move for summary judgment in this action to recover damages for personal injuries. In support of the motion plaintiffs refer to the statement of defendant, set forth in his report to the Motor Vehicle Bureau as to the manner in which the accident occurred, as follows: "While driving west on Cropsey Ave. a child, about 15 ft. in front of me, started to cross the street. I became panicky...

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