THUM v. ZRAICK


12 A.D.2d 772 (1961)

Pauline Thum et al., Respondents, v. Edward Zraick et al., Appellants, et al., Defendants

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

January 3, 1961


Order insofar as appealed from reversed, with $10 costs and disbursements, and plaintiffs' motion for summary judgment as against defendants Zraick denied.

In our opinion, despite the admissions of the automobile operator, defendant Lorraine Zraick, an issue of fact still exists as to whether under all the circumstances she exercised due care and caution as she entered the intersection and attempted to proceed through it. Moreover, the denial of summary judgment against...

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