ROSENTHAL v. MONASTRA


27 A.D.2d 749 (1967)

Janice Rosenthal, an Infant, by Her Father and Natural Guardian, Harold Rosenthal, et al., Respondents, v. Nicholas A. Monastra, Appellant

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

February 20, 1967


Reversed and plaintiffs' motion for summary judgment denied, without costs.

The infant plaintiff, 18 years of age at the time of the accident which is the basis of this action, was a passenger in a car owned and operated by defendant. The night was clear and the road dry. The car suddenly swerved off the road. There is no clear explanation in the papers on the motion as to how the accident occurred. In our opinion, it was an improvident exercise of discretion by the...

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