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BRITT v. GARRETT

26 Misc.2d 829 (1960)

Michael Britt et al., Plaintiffs, v. Denis Garrett et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 29, 1960

Attorney(s) appearing for the Case

Alfred Feingold for plaintiffs. MacIntyre, Burke & Downey for defendants.

MARIO PITTONI, J.

Plaintiffs' motion for summary judgment is denied.

The plaintiffs claim that they had had a flat on the New York Thruway on the afternoon of November 21, 1958 when the defendants' car, riding in the right or outside lane, hit the plaintiffs' car door. The plaintiffs say they were at least six feet off the concrete and on the dirt shoulder.

The defendants admit that they were...

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