FERRARA v. CENNAMO


16 A.D.2d 938 (1962)

Savino Ferrara, Respondent, v. Germana Cennamo, Appellant

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

June 11, 1962


Order reversed, with $10 costs and disbursements, and motion for summary judgment denied.

The plaintiff was a passenger in defendant's automobile, driven by defendant's son, who was killed when the automobile crashed into a parked vehicle. There were no other passengers in the car. It would appear that plaintiff is the only person who has knowledge as to the manner in which the accident occurred. Summary judgment should not be granted if the facts are exclusively...

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