ORTIZ v. KNIGHTON


14 A.D.2d 679 (1961)

Santa Ortiz et al., Respondents, v. "Thomas" Knighton, Defendant, and James Penza Trucking Co., Appellant

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

September 28, 1961


Order, entered on September 12, 1960, granting plaintiffs-respondents' motion for summary judgment and setting the cause down for assessment of damages unanimously reversed on the law, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs.

Plaintiff's vehicle was struck in the rear by defendant's vehicle and no issue is raised on this motion as to the course and speed of the vehicles, or the surrounding circumstances. Nevertheless...

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