SCHWARTZBERG v. NOROTSKY


20 Misc.2d 638 (1959)

Nathan Schwartzberg et al., Infants, by Nathan Schwartzberg, Their Guardian ad Litem, Plaintiffs, v. Neil H. Norotsky et al., Defendants. Nathan Schwartzberg, Plaintiff, v. Eugene Sustrin, Defendant.

Supreme Court, Special Term, Kings County.

December 7, 1959.


Attorney(s) appearing for the Case

Barry & Katzman for plaintiffs.

Herbert F. Hastings for defendants in Action Nos. 1 and 2.

Carl M. Gross for plaintiff in Action No. 2.


WALTER R. HART, J.

In these actions for personal injuries and property damages plaintiffs move for summary judgment. It is uncontradicted that the car in which plaintiffs were passengers at the time of the accident was at a standstill at a red traffic light when it was struck in the rear by defendants' vehicle. In self-exculpation defendants aver that without previous warning the foot brake on the car failed...

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