McLaughlin v. Martin
| Decision Date | 09 January 1961 |
| Citation | 12 A.D.2d 789,209 N.Y.S.2d 558 |
| Parties | Lillian McLAUGHLIN, an infant over the age of 14 years, by her guardian ad litem, Henry McLaughlin, and Henry McLaughlin, Respondents, v. Frances MARTIN and Austin Lopez, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Geo. T. Nicholson, Hempstead, for appellant; John J. Dunn, New York City, of counsel.
Sylvester J. Garamella, New York City, for respondent; Chas. Zalaznick, New York City, of counsel. Before NOLAN, P. J., and BELDOCK, UGHETTA, KLEINFELD and CHRIST, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries alleged to have been caused by defendant Martin's negligence in the operation of an automobile, causing it to jump the curb and strike the infant plaintiff while she was standing on the sidewalk awaiting a bus, the defendants appeal from an order of the Supreme Court, Queens County, dated February 17, 1960 (and entered February 19, 1960), granting summary judgment in favor of plaintiffs, pursuant to rule 113 of the Rules of Civil Practice.
Order reversed, with $10 costs and disbursements, and motion denied, without costs.
Defendants claim that the driver of the automobile was confronted with an emergent situation. In our opinion, it was error to determine summarily on motion, on this record that plaintiffs' causes of action were established sufficiently to warrant the court as a matter of law in directing judgment in their favor (cf. Gerard v. Inglese, 11 A.D.2d 381, 206 N.Y.S.2d 879).
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