MERCADO v. FIGUEROA


25 A.D.2d 726 (1966)

Israel Mercado et al., Respondents, v. Pedro Figueroa et al., Appellants

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

April 14, 1966


Order, entered January 26, 1966, unanimously reversed, on the law, with $50 costs and disbursements to defendants-appellants, and motion for summary judgment denied.

In this action by passengers to recover for personal injuries, there exists a triable issue as to the alleged negligence of the defendant driver. In opposition to the motion, the driver has submitted an affidavit stating that he was going about 40 miles an hour when his car "slipped and skidded" on the...

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