ISABELLA v. ISABELLA


19 A.D.2d 540 (1963)

Francis X. Isabella, an Infant, by Yolanda Isabella, His Guardian ad Litem, Appellant, v. Stella Isabella et al., Respondents, et al., Defendants

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

May 13, 1963


Order affirmed, without costs.

No opinion.

Ughetta, Acting P. J., and Hill, J., concur as to the denial of summary judgment under rule 113, but dissent as to the denial under rules 103 and 109 — to strike out the defense as insufficient, and vote to reverse the order in this respect and to grant the motion to strike out the defense pursuant to rules 103 and 109, with the following memorandum: Plaintiff, an infant, was injured in an automobile collision...

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