CONTE v. BELL


34 A.D.2d 964 (1970)

Jeanne Conte, an Infant, by Mary L. Conte, Her Natural Parent, et al., Respondents, et al., Plaintiffs, v. Frank A. Bell et al., Appellants

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

June 8, 1970


Orders reversed, without costs; defendants' motion granted; and said plaintiffs' motion for summary judgment denied.

In our opinion, issues of fact were effectively raised which require a trial. The Conte, Delzio and Matts infant plaintiffs were passengers in an automobile operated by defendant Frank Bell and owned by the other two defendants. Defendants contend that the defendant driver was driving carefully and that his failure to stop at a stop sign located at...

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