COOPER v. MALLORY


51 Misc.2d 749 (1966)

John Cooper, an Infant, etc., et al., Plaintiffs, v. Arthur Mallory, Jr., Defendant.

Supreme Court, Special Term, Suffolk County.

October 10, 1966


Attorney(s) appearing for the Case

Joseph F. Ryan, Jr. (Shayne, Dachs, Weiss & Kolbrener of counsel), for plaintiffs. O'Brien & Kelly for defendant.


JACK STANISLAW, J.

In this action to recover damages for personal injuries plaintiffs, two infants and their father, move for summary judgment. Plaintiffs' injuries arose out of an automobile accident allegedly due to defendant's negligence. The defendant, Mallory, has admitted that he was operating his automobile at the time of the accident while intoxicated. He entered a plea of guilty to such criminal charge and was thereafter convicted.

Mallory...

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