CELLURA v. CELLURA


24 A.D.2d 59 (1965)

Marie Cellura, Appellant, v. Joseph Cellura et al., Respondents

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

October 21, 1965.


Attorney(s) appearing for the Case

Miserendino, Krull & Foley (Samuel R. Miserendino of counsel), for appellant.

Tesseyman, Hartman & Bentley (F. William Tesseyman of counsel), for respondents.

WILLIAMS, P. J., GOLDMAN, HENRY and DEL VECCHIO, JJ., concur.


BASTOW, J.

Plaintiff was injured while riding in a vehicle owned by defendant, Joseph Cellura and operated by defendant, Gloria Cellura. The accident happened in the State of Texas. Plaintiff was then a resident of California but subsequently became a resident of this State. The owner of the automobile was a resident of this State and there is no proof that he was ever physically present in Texas. The codefendant (the operator

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