ANNUNZIATA v. AYERS


22 Misc.2d 107 (1960)

Theresa Annunziata et al., Plaintiffs, v. Jack Ayers, Defendant.

Supreme Court, Special Term, Nassau County.

April 11, 1960.


Attorney(s) appearing for the Case

Composto, Hauptman & Mangano for plaintiffs.

Jerome Scharoff for defendant.


MARIO PITTONI, J.

Motion for summary judgment in an action for personal injuries denied. Issues of fact exist which cannot be determined without a trial.

The plaintiff Theresa Annunziata was allegedly injured on July 5, 1957 while a passenger in an automobile owned by the defendant. She claims in her affidavit that when she was seated to the rear of the driver's seat, the defendant driver, after getting into the motionless car, suddenly adjusted...

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