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FINN v. MORGAN

46 A.D.2d 229 (1974)

Cheryl D. Finn, an Infant, by Her Father and Natural Guardian, Arthur P. Finn, Respondent, v. Robert J. Morgan et al., Appellants. (Appeal No. 1.) Arthur Finn, Respondent, v. Robert J. Morgan et al., Appellants. (Appeal No. 2.) Shirley Chilton, as Administratrix of The Estate of Laurene Chilton, Deceased, Respondent, v. Robert J. Morgan, Appellant. (Appeal No. 3.) Cheryl D. Finn, an Infant, by Her Father and Natural Guardian, Arthur P. Finn, Respondent, v. Robert J. Morgan, Defendant, and David S. Bartoszewski, Appellant Arthur Finn, Respondent, v. Robert J. Morgan, Defendant, and David S. Bartoszewski, Appellant. (Appeal No. 4.)

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

December 12, 1974.

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for Robert J. Morgan, appellant.

Rudolph V. Parr for David S. Bartoszewski, appellant.

Furtch & Oudemool (Theodore F. Furtch of counsel), for Cheryl D. Finn and another, respondents.

R. J. and P. R. Shanahan (William F. Lynn of counsel), for Shirley Chilton, respondent.

MARSH, P. J., WITMER, CARDAMONE and MAHONEY, JJ., concur.

SIMONS, J.

Defendants Bartoszewski and Morgan appeal from judgments in favor of plaintiffs in these negligence actions. The accident occurred when both Bartoszewski and Morgan were driving their automobiles south, the Bartoszewski car ahead of the Morgan car. The northbound automobile of plaintiff's intestate, Laurene Chilton, passed Bartoszewski without contact and collided with the front of the Morgan car....

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