Order, entered on February 24, 1960, granting plaintiff summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to defendants-appellants, and the motion for summary judgment is denied, with $10 costs.
It cannot be said, as a matter of law, that the driver, in the circumstances, operating a newly borrowed automobile was guilty of a lack of care in failing to have the brakes repaired immediately or in not desisting from further operation...
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