PHILIP v. KELLY


10 A.D.2d 726 (1960)

Stephanie Philip, an Infant, by Marcin Philip, Her Guardian ad Litem, et al., Respondents, v. Timothy P. Kelly, Defendant, and Town of Patterson et al., Appellants

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

March 21, 1960


Judgment insofar as it is in favor of respondents against appellants reversed, action severed as between respondents and appellants, and a new trial granted as to those parties, with costs to appellants to abide the event.

Defendant Kelly drove his truck on a rural town road in the nighttime and struck the intestate and the infant respondent. The road was without curbs, sidewalks, or shoulders and with vegetation at the sides of the pavement. The complaint alleges...

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