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WOOD v. RAPPS

22 Misc.2d 204 (1960)

W. Wallace Wood et al., Plaintiffs, v. Max Rapps et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 18, 1960.

Attorney(s) appearing for the Case

Gordon & Wexler for plaintiffs.

Galli, Terhune, Gibbons & Mulvehill (Robert E. Onos of counsel), for defendants.

MARIO PITTONI, J.

Motion for summary judgment in an action for property damage denied.

On September 22, 1957, at about 7:00 P.M., defendant wife was operating her husband's new Ford with automatic transmission out of a circular driveway on Woodland Drive, Sands Point. The defendants claim that the accelerator pedal became jammed or stuck and the car shot across the plaintiffs' property and hit their house. Defendants claimed that the accelerator...

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