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DAVIS v. DE FRANK

33 A.D.2d 236 (1970)

Virginia Davis, an Infant by Her Parent Charles G. Davis, et al., Plaintiffs, v. William D. De Frank, Respondent; Monroe Auto Sales, Appellant

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

January 15, 1970.

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for appellant.

Fix, Spindelman, Turk & Himelein (Meyer Fix of counsel), for respondent.

WITMER, GABRIELLI and BASTOW, JJ., concur; DEL VECCHIO, J., not participating.

GOLDMAN, P. J.

In March, 1965 one De Frank, a prospective purchaser, was permitted by Monroe Auto Sales Corporation (Monroe) to test-drive one of its Mercedes-Benz automobiles. In the course of the test-drive, De Frank, who had three passengers in the car, collided with another vehicle. The jury determined that the accident was the result of the negligence of De Frank. The passengers and the other driver were...

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