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MONTALVO v. MORALES

18 A.D.2d 20 (1963)

Juan Montalvo, as Administrator of The Estate of Maria S. Montalvo, Deceased, Respondent, v. Harold A. Morales, Defendant, and Smith's Transfer Corporation, Appellant Lucila Cintron, as Administratrix of The Estate of Gladys Cintron, Deceased, Respondent, v. Smith's Transfer Corporation, Appellant, et al., Defendant Luis Duprey et al., Respondents, v. Harold A. Morales, Defendant, and Smith's Transfer Corporation, Appellant

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

February 11, 1963.

Attorney(s) appearing for the Case

Mendes & Mount (James G. Grady of counsel), for appellant.

Julius J. Ivanitsky (Benjamin H. Siff on the brief), for Juan Montalvo, respondent.

Philip Bareish (Benjamin H. Siff on the brief), for Lucila Cintron, respondent.

Pillinger, Raiskin & Weiser (Samuel M. Raiskin of counsel), for Luis Duprey and others, respondents.

UGHETTA, Acting P. J., CHRIST, BRENNAN and RABIN, JJ., concur.

HOPKINS, J.

At about 2:00 A.M. on May 9, 1959, at the highway intersection of Ward Avenue and Route 130 in Bordentown, New Jersey, an automobile owned and operated by defendant Harold Morales was struck by a trailer-truck owned by defendant Smith's Transfer Corporation of Staunton, Virginia (hereafter called Smith) and operated by its employee, Roy Simmons. The collision caused the deaths of two women, Gladys...

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