SANZO v. TOKLAS


10 A.D.2d 931 (1960)

Betty Sanzo et al., Respondents, v. Maxwell Toklas, Appellant, et al., Defendant

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

May 24, 1960


Order granting summary judgment in this negligence action reversed, on the law, with $20 costs and disbursements to defendant-appellant, and the motion is denied, with $10 costs, in its entirety.

MEMORANDUM BY THE COURT.

As to the plaintiff husband, who operated the automobile in which both plaintiffs were riding, there is at least an issue as to his contributory negligence. Such contributory negligence, if any, is of course not attributable to plaintiff wife...

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