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FENSTERER v. COHEN

22 Misc.2d 672 (1960)

William Fensterer et al., Plaintiffs, v. George Cohen et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 9, 1960.

Attorney(s) appearing for the Case

Joseph T. Mirabel and Jerome Scharoff for plaintiffs.

Brand, Morgan & Brand for defendants.

MARIO PITTONI, J.

Motion by the plaintiffs for summary judgment in this personal injury action is denied.

The defendant driver claims that when he saw the car in front of him stop, he applied his brakes and they did not hold. He claims further that up to that time the brakes had operated properly.

On the day of the accident it had been raining very hard for several hours. The defendant driver...

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