MANGINI v. MC CLURG


24 N.Y.2d 556 (1969)

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

Court of Appeals of the State of New York.

Decided April 23, 1969.


Attorney(s) appearing for the Case

William V. Canale for appellants.

Alfred L. Simon for Howard E. McClurg and another, respondents.

John C. Mannix for John Peroha, Jr. and another, respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING and JASEN concur; Judge BURKE concurs in a memorandum.


BREITEL, J.

Plaintiffs, infant passenger and her father, appeal in an action to set aside a general release and to recover damages for the infant's personal injuries arising out of a collision of automobiles owned and driven by the defendants. Special Term denied defendants' motion for summary judgment. The Appellate Division in an opinion unanimously reversed "on the law and the facts", granted defendants summary...

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