POLINO v. SWAINE


32 Misc.2d 998 (1962)

Cosimo Polino, Plaintiff, v. Suzanne E. Swaine, Defendant.

Supreme Court, Special Term, Erie County.

February 7, 1962


Attorney(s) appearing for the Case

Goldman & Costa for plaintiff. Gibbons, Pottle, O'Shea & Adamson for defendant.


MATTHEW J. JASEN, J.

This is a motion by the plaintiff in a negligence action for a summary judgment against the defendant driver.

The question before the court is whether there are present any triable issues of fact concerning the negligence of the defendant and the contributory negligence of the plaintiff.

On the papers submitted it is conceded that the road was icy, that plaintiff's vehicle...

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