AQUAVIVA v. PIAZZOLLA


117 Misc.2d 581 (1982)

James Aquaviva, as Guardian ad Litem of Anthony Piazzolla, an Infant, Plaintiff, v. Salvatore Piazzolla et al., Defendants. (Action No. 1.) James Aquaviva, as Guardian ad Litem of Anthony Piazzolla, an Infant, Plaintiff, v. Salvatore Piazzolla et al., Defendants. (Action No. 2.)

Supreme Court, Trial Term, Suffolk County.

December 7, 1982


Attorney(s) appearing for the Case

Wortman & Freidel for plaintiff. Montfort, Healy, McGuire & Salley for defendants in Action No. 1. Granik, Sanberg, Kirschner & Campbell for defendants in Action No. 2.


WILLIAM L. UNDERWOOD, JR., J.

This case concerns the liability, if any, of the defendant parents to their injured son, the plaintiff, when defendants' older son put the family automobile in motion and it rolled over plaintiff.

The nonjury testimony reveals the following.

Police Officer Gerard Grant was the first witness and he testified that he reported to an accident at defendants' house on September 17, 1974, at approximately 5:55 P...

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