McGRATH v. IRVING


24 A.D.2d 236 (1965)

Evelyn McGrath, Respondent, v. Chester Irving, Appellant

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

December 20, 1965.


Attorney(s) appearing for the Case

Karl H. Schrade and Francis E. Lehner for appellant.

John F. Kelly for respondent.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.


HERLIHY, J.

The plaintiff on the evening of January 31, 1962 was a passenger in the automobile operated by the defendant. In attempting to make a left turn from Menands Road into Van Rensselaer Boulevard it collided with an automobile proceeding easterly on Menands Road. The plaintiff sued the owners of both vehicles but a settlement during trial was effected with the owner of the east bound car and the action...

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