GILBERT v. BAROUCH


10 A.D.2d 984 (1960)

Gina Gilbert, an Infant, by Sanford F. Gilbert, Her Guardian ad Litem, et al., Plaintiffs, v. Ralph Barouch et al., Appellants, and Mannion Dodge, Inc., Respondent

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

May 23, 1960


Order reversed, with $10 costs and disbursements, motion granted and cross complaint dismissed, without costs.

The amended complaint alleges, in effect, that the infant plaintiff's injuries were due to: (1) the negligence of defendant Mannion Dodge, Inc., an authorized dealer, in selling to defendant Barouch a new car with defective brakes; and (2) the negligence of defendants Barouch and Glass in the operation of the vehicle...

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