DE PAUL v. GEORGE


34 A.D.2d 620 (1970)

Hermione W. De Paul et al., Respondents, v. Cyril George, Appellant, et al., Defendant

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

April 2, 1970


Order entered November 3, 1969, directing summary judgment in favor of plaintiffs-respondents against defendant-appellant and an assessment of damages thereon, affirmed, without costs and without disbursements.

The court is unanimous in sustaining the claim of plaintiffs-respondents that there is no issue as to the negligence of defendant-appellant, driver of the car in which they were passengers. That issue was laid to rest in the earlier litigation between defendant...

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