HANLEY v. ALBANO


20 A.D.2d 644 (1964)

Kevin T. Hanley, an Infant, by His Guardian ad Litem, Frances M. Hanley, et al., Respondents, v. Nancy Albano et al., Appellants, et al., Defendant Nancy Albano, Third-Party Plaintiff-Respondent, v. Louis Simorto, Doing Business as Lou's Auto Repair Shop, Third-Party Defendant-Appellant

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

January 6, 1964


Judgment, insofar as appealed from by the respective parties, reversed on the law and the facts with one bill of costs to the appellants; complaint dismissed on the law as against the defendant Acosta and action severed as to him; and a new trial granted as between plaintiffs and Nancy Albano as defendant, and between Nancy Albano as third-party plaintiff and Louis Simorto as third-party defendant.

The infant plaintiff, who was four years old at the time of the accident...

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