MALONEY v. SCARFONE


25 A.D.2d 630 (1966)

Helen Maloney, as Administratrix of The Estate of John J. Maloney, Deceased, Appellant, v. Alfred M. Scarfone et al., Respondents

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

March 15, 1966


Per Curiam.

Defendant Scarfone, 17 years old at the time of the accident giving rise to this lawsuit, was sitting in the center of the front seat of defendant Nole's car. The automobile was parked illegally on West 42nd Street, in the Borough of Manhattan, between Sixth and Seventh Avenues, with its key in the ignition and the motor running. Nole, accompanied by Scarfone, had driven the car to that point, parked it and entered an office building, in the expectation...

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