WHITELY v. LOBUE


59 Misc.2d 755 (1967)

Roberta Whitely et al., Individually and as Natural Guardians of William Whitely and Another, Infants, Plaintiffs, v. Andrew Lobue et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 29, 1967


Attorney(s) appearing for the Case

Austin & Du Pont for plaintiffs. Leahey & Johnson for defendants.


JOSEPH LIFF, J.

The plaintiffs urge that in this action to recover damages for personal injuries there no longer remain any issues concerning negligence and contributory negligence and that they are entitled to summary judgment and a trial solely on the question of damages. Courts have been reluctant to grant summary judgment in personal injury actions and usually there is one issue or another which requires...

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