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COURY v. SAFE AUTO SALES

32 N.Y.2d 162 (1973)

Alexander Coury et al., Appellants, v. Safe Auto Sales, Inc. et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1973.

Attorney(s) appearing for the Case

Charles S. Desmond and Edwin N. Weidman for appellants.

William F. McNulty, Joseph Messina and Anthony J. McNulty for respondents.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

Infant plaintiff was a passenger in a car which crossed over into the opposing lane of traffic and struck another vehicle. Of the two persons in the car, the driver was killed, and infant plaintiff, who had been asleep at the time of the accident, was injured. Infant plaintiff brought suit against the owner of the car, Safe Auto Sales, Inc., and the estate of the deceased driver.

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