CHMELA v. VOUGHT


15 A.D.2d 812 (1962)

Mary Chmela et al., Respondents, v. Melvin P. Vought, Appellant

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

February 26, 1962


Order, insofar as appealed from, reversed, without costs, and plaintiffs' motion for summary judgment denied.

The plaintiffs were in an automobile owned by one of them. While this automobile was motionless, it was struck in the rear by an automobile owned and operated by defendant. In view of the sharp dispute as to the force of the impact; as to the alleged injuries; and as to whether there were any injuries at all, there should be a trial of the entire case so that...

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