CARFORA v. VOMMARO


14 A.D.2d 680 (1961)

Ann Carfora et al., Respondents, v. Avellino Vommaro, Appellant

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

September 28, 1961


Order, entered on February 28, 1961, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and motion by plaintiffs for summary judgment denied, with $10 costs.

The record discloses triable issues, namely, whether or not the conduct of the defendant deviated from reasonable prudence and whether or not the plaintiffs are in any degree chargeable with contributory negligence. The plaintiffs, who had been passengers in...

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