McNAMARA v. IANNACI


45 A.D.2d 861 (1974)

Jeffrey McNamara, an Infant, by His Mother and Natural Guardian, Catherine McNamara, et al., Respondents, v. Rocco R. Iannaci, Respondent, and John F. Middlemiss, Appellant. (Action No. 1.) Rocco R. Iannaci, Respondent, v. John F. Middlemiss, Appellant. (Action No. 2.)

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

July 15, 1974


Judgment reversed, on the law and in the interest of justice, and a new trial granted, with costs to abide the event.

The infant plaintiff, Jeffrey McNamara, and his coplaintiff mother, Catherine McNamara, were passengers in a vehicle driven by Rocco R. Iannaci (a defendant in the McNamara action and the plaintiff in his own action) which was involved in an accident, at an intersection, with a vehicle driven by defendant Middlemiss. Catherine McNamara was the only...

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