ABATELLI v. DONNO CO.


22 Misc.2d 200 (1960)

Dorothy R. Abatelli et al., Plaintiffs, v. Donno Co., Inc., Defendant.

Supreme Court, Special Term, Nassau County.

May 2, 1960.


Attorney(s) appearing for the Case

Peirez, Karmiol & Rosenthal (Benjamin S. Rosenthal of counsel), for plaintiffs.

Edward A. Harmon for defendant.


MARIO PITTONI, J.

Motion by the plaintiffs for summary judgment in an action for personal injuries is denied.

The plaintiffs claim that they were stopped for a red light at an intersection and the defendant's truck struck their car in the rear. They also produced, as part of their motion papers, a copy of the defendant driver's motor vehicle report which stated in part as follows: "Vehicle No. 1 was...

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