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QUARESIMA v. BELLISTRI

41 A.D.2d 671 (1973)

Alfred F. Quaresima, as Administrator of The Estate of Claudia Quaresima, Deceased, Respondent, v. Donna Bellistri, an Infant, by Sebastian Bellistri, Her Parent and Natural Guardian, Appellant

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

February 20, 1973

Upon the argument of this appeal it was conceded that there was no question of contributory negligence on the part of plaintiff's intestate. Order affirmed, with $20 costs and disbursements. No opinion.

Benjamin, J., dissents and votes to reverse and to deny the motion, with the following memorandum:

Under the circumstances of this case, I believe a question of fact exists as to whether there was a reasonable basis to believe that the road in...

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