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Rayburn v. McKnight

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1961
13 A.D.2d 810 (N.Y. App. Div. 1961)

Opinion

May 15, 1961


In a negligence action by an infant plaintiff, a passenger in a motor vehicle operated by defendant Susanne McKnight and owned by her father, defendant David McKnight, to recover damages for personal injuries sustained when the vehicle left the highway and crashed into some boulders and trees; and by the infant's father to recover damages for medical expenses and loss of services, defendants appeal from an order of the Supreme Court, Westchester County, dated January 3, 1961, granting plaintiffs' motion for summary judgment and directing an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, without costs, and motion denied. In our opinion, the record presents issues of fact which should be resolved on a trial. Nolan, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.


Summaries of

Rayburn v. McKnight

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1961
13 A.D.2d 810 (N.Y. App. Div. 1961)
Case details for

Rayburn v. McKnight

Case Details

Full title:LYNN RAYBURN, an Infant, by Her Guardian ad Litem, GENE RAYBURN, et al…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1961

Citations

13 A.D.2d 810 (N.Y. App. Div. 1961)