MATZINGER v. VAN MATRE


151 A.D.2d 555 (1989)

Linda Matzinger, by Her Guardian ad Litem, Diane M. Matzinger, Respondent, v. Donnie J. Van Matre et al., Respondents, and John P. McNerney, Appellant. (And a Third-Party Action.)

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

June 12, 1989


Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.

The record reveals material triable issues with regard to the operation of the defendant McNerney's vehicle, and with regard to the circumstances preceding and occurring at the time of the accident, so as to preclude the granting of summary judgment to that...

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