SAMPERI v. PATRICOLA


21 A.D.2d 688 (1964)

Brenda A. Samperi, an Infant, by Peter J. Samperi, Her Guardian ad Litem, et al., Respondents, v. Anna Patricola et al., Appellants

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

May 18, 1964


Order reversed, with $10 costs and disbursements, and plaintiffs' motion for summary judgment denied without prejudice to renewal upon additional proof, as indicated herein.

Although, as properly found by the Special Term, no triable issue exists as to the negligence of the female defendant in causing the accident, it is our opinion that the plaintiffs failed to establish their own freedom from contributory negligence. Under the circumstances they are not entitled...

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