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  5. 17 N.Y.2d 837 (1966)
 

KOLB v. GEORGE

17 N.Y.2d 837 (1966)

Margaret Kolb et al., Appellants-Respondents, v. Joanne George, an Infant, by Nicholas Iamicelli, Her Guardian ad Litem, et al., Respondents, and Harry Lewis, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

William F. McNulty for defendant-appellant.

Brendan J. Stynes for plaintiffs-appellants.

Henry J. Smith and Joseph J. Woods for Josephine Diglio, respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and KEATING; Judge VAN VOORHIS dissents and votes to reverse in the following opinion in which Judge BERGAN concurs.

Order affirmed, with costs to plaintiff against defendant Lewis and to defendant Diglio against plaintiffs.

VAN VOORHIS, J. (dissenting).

If it were negligent of defendant Lewis to have had a parking place on a slope, it was equally negligent of Mrs. Diglio to have parked her car on the same slope. It is inconsistent to exonerate her and to hold him. In my view, as matter of law, neither was negligent. A child might have released the emergency...

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