GABRIELLY v. MAILLEY


19 Misc.2d 560 (1959)

Louis Gabrielly et al., Plaintiffs, v. Charles R. Mailley et al., Defendants.

Supreme Court, Special Term, Suffolk County.

October 21, 1959.


Attorney(s) appearing for the Case

Brand, Morgan & Brand for plaintiffs.

Martin A. Crean for defendants.


MARIO PITTONI, J.

Motion by the plaintiffs for summary judgment is denied.

The plaintiffs claim that it was 10:00 P.M., that it was raining and the streets were wet, that their vehicle approached the intersection, slowed down to 20 miles per hour, and that their car was hit in the rear by the defendants'.

The defendants claim that they were going about 25 miles per hour, and when 50 to 75 feet behind the plaintiffs' automobile the plaintiffs...

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