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GERARD v. INGLESE

11 A.D.2d 381 (1960)

Gregory J. Gerard, an Infant, by His Guardian ad Litem, John W. Gerard, et al., Respondents, v. Warren W. Inglese, Defendant, and Nancy L. Inglese, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1960.

Attorney(s) appearing for the Case

William T. Gallagher for appellant.

B. Hoffman Miller and Lester Gutterman for respondents.

BELDOCK, CHRIST, PETTE and BRENNAN, JJ., concur.

NOLAN, P. J.

The material facts are not in dispute.

Defendant Nancy Lee Inglese (the only defendant who was served and appeared in the action) was operating an automobile southerly on the Saw Mill River Parkway in Westchester County. The infant plaintiff and his mother, the plaintiff Joan Gerard, were riding as passengers in the automobile. While defendant was operating the automobile at a speed of 40 to 45 miles per hour, she attempted to light...

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