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McLAUGHLIN v. MARTIN

12 A.D.2d 789 (1961)

Lillian McLaughlin, an Infant, by Her Guardian ad Litem, Henry McLaughlin, et al., Respondents, v. Frances Martin et al., Appellants

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

January 9, 1961

Order reversed, with $10 costs and disbursements, and motion denied, without costs.

Defendants claim that the driver of the automobile was confronted with an emergent situation. In our opinion, it was error to determine summarily on motion, on this record, that plaintiffs' causes of action were established sufficiently to warrant the court as a matter of law in directing judgment in their favor (cf. Gerard v. Inglese...

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