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WINNICK v. KUPPERMAN CONSTR.

29 A.D.2d 261 (1968)

Nadine H. Winnick, an Infant, by Her Mother and Natural Guardian, Theda Winnick, et al., Respondents, v. Kupperman Construction Company, Inc., Respondent, et al., Defendant, and Atlas Auto Repair Service, Inc., Appellant and Third-Party Plaintiff-Respondent. Albert Winnick, Third-Party Defendant-Appellant

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

February 19, 1968.

Attorney(s) appearing for the Case

Henry Wolfman (Lewis I. Wolf and Edward R. Koudelka, Jr., of counsel), for Atlas Auto Repair Service, Inc., appellant.

Di Fede & Martoccia (Arthur R. Martoccia of counsel), for Albert Winnick, appellant.

Mayer, Zeck & Prier (Robert W. Prier of counsel), for Nadine H. Winnick and another, respondents.

Cerrato, Nayor & Edmiston (M. Morton Edmiston, Jr., of counsel), for Kupperman Construction Company, Inc., respondent.

BRENNAN, RABIN, HOPKINS and MUNDER, JJ., concur.

CHRIST, Acting P. J.

The principal question presented is whether an owner of a motor vehicle which permitted its employee to use it may be held liable to an unemancipated infant child of the employee for the latter's negligence in the operation of the vehicle. The court below answered the question in the affirmative.

The third-party defendant, Albert Winnick, is the infant plaintiff's father and president...

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