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MANGINI v. McCLURG

27 A.D.2d 194 (1967)

Anthony Mangini, as Guardian ad Litem of Deborah Mangini, an Infant, et al., Respondents, v. Howard E. McLurg et al., Appellants

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

March 15, 1967.

Attorney(s) appearing for the Case

Simon, Rosch & Brown (Alfred L. Simon of counsel), for Howard E. McClurg and another, appellants.

Miller & Mannix (John W. Miller of counsel), for John Peroha, Jr., and another, appellants.

Wein, Greenberg & Canale (William V. Canale of counsel), for respondents.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur in opinion per HERLIHY, J.

HERLIHY, J.

This is an appeal by the defendants from an order denying a motion for summary judgment dismissing the plaintiff's complaint.

It is essential to state the facts in considerable detail.

The infant plaintiff was injured on February 26, 1963 while riding as a passenger in an automobile which was involved in a two-car collision. She was thrown about, hitting the dash-board and coming to...

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