WARD v. PERRY


33 A.D.2d 1002 (1970)

Richard Ward et al., Appellants, v. Alice Perry, Respondent

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

February 5, 1970


Order, entered on May 21, 1969, denying plaintiffs' motion for summary judgment, affirmed, without costs and disbursements.

While plaintiffs make out a strong case against the defendant, it cannot be said, on the record before us, that the negligence of the defendant has been clearly proven as a matter of law. There is also the additional question of whether one of these plaintiffs was struck by defendant's car as he stepped into the roadway to call a taxi. So that...

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