O'NEIL v. KAPPESSER


40 Misc.2d 848 (1963)

Mary O'Neil, an Infant, by Arthur J. O'Neil, Her Guardian ad Litem, et al., Plaintiffs, v. Marjorie L. Kappesser et al., Defendants.

Supreme Court, Trial and Special Term, Ontario County.

November 4, 1963


Attorney(s) appearing for the Case

Taylor & Taylor (Paul R. Taylor of counsel), for defendants. Bond & McDonald (William J. McDonald of counsel), for plaintiffs.


G. ROBERT WITMER, J.

Defendants have moved for summary judgment striking from this action the issue that defendants violated section 1192 of the Vehicle and Traffic Law in that defendant "Marjorie L. Kappesser was physically unable" to drive her automobile because of alcohol which she had consumed on the night of the accident, December 22, 1962, and that the latter was a cause of the accident. In their bill...

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