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HUSTON v. DE LEONARDIS

44 A.D.2d 110 (1974)

Martin W. Huston, an Adult Incapable of Adequately Protecting His Rights, by Marcella M. Huston, His Guardian ad Litem, Appellant, v. John De Leonardis et al., Respondents

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

March 28, 1974.

Attorney(s) appearing for the Case

Herman Glaser of counsel (Helen B. Stoller with him on the brief; Julien, Blitz & Schlesinger, attorneys), for appellant.

Benjamin H. Siff of counsel (Thomas R. Newman and J. Edward McDonough with him on the brief; Bower & Gardner, attorneys), for respondents.

MURPHY and CAPOZZOLI, JJ., concur with MOORE, J.; KUPFERMAN, J. P., concurs in result in an opinion.

MOORE, J.

This litigation involved three personal injury actions arising out of a two-car accident between a car owned and operated by plaintiff-appellant Martin W. Huston and a car owned by the defendant-respondent, Bridy Car Rentals, Inc. and operated by defendant-respondent John De Leonardis. The actions were tried together before a jury. In Action No. 1 Susan Welborn a passenger in the Huston car sued both...

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