SMITH v. LINCOLN


52 Misc.2d 66 (1966)

Dorothy L. Smith, Plaintiff, v. Walter M. Lincoln, Defendant.

Supreme Court, Trial Term, Queens County.

November 15, 1966


Attorney(s) appearing for the Case

McInerney & Mulvaney (James E. Mulvaney of counsel), for plaintiff. Costello, Ward, Tirabasso & Shea (Joseph M. Costello of counsel), for defendant.


J. IRWIN SHAPIRO, J.

The plaintiff while on vacation was a passenger in an automobile which the defendant had rented from a third person in the Island of Granada, British West Indies. While the defendant was driving the automobile it was involved in an accident in which the plaintiff was injured.

Subsequently the plaintiff received an offer of settlement from the owner-lessor of the car, not a party to this action. That offer was accepted by the...

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