FELDMAR v. SCROFANI


17 A.D.2d 945 (1962)

Ernest Feldmar et al., Respondents, v. Anthony Scrofani et al., Doing Business as M & S Mail & Messenger Service, Appellants

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

November 29, 1962


Order, entered on April 19, 1962, granting plaintiffs' motion for summary judgment in this negligence action, unanimously reversed on the law, with $20 costs and disbursements to appellants and the motion denied.

It cannot be said on the record before us that there is no triable issue as to negligence on the part of defendants. An issue is presented as to whether the driver of defendants' panel truck could, in the exercise of ordinary care and in view of the existing...

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