SCHEMBRI v. BURKE


57 Misc.2d 703 (1968)

Vincenza Schembri et al., Plaintiffs, v. Annette P. Burke et al., Defendants.

Supreme Court, Special Term, Queens County.

September 5, 1968


Attorney(s) appearing for the Case

Thomas V. Polizzi and Hauptman & Lodato for plaintiffs. Milton H. Miller for defendants.


JACK STANISLAW, J.

Plaintiffs move for summary judgment in a negligence action. The automobile collision, which is the subject of this lawsuit, occurred while the injured plaintiff was a passenger in an automobile driven by her daughter and owned by her daughter's husband.

In an affidavit made by the injured plaintiff, the reason for the occurrence is described as follows: "Defendant's attention was momentarily distracted, she took her eyes off...

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