Opinion
November 14, 1961
Order, entered on March 16, 1961, granting summary judgment reversed, on the law, with $20 costs and disbursements to the appellants, and the motion denied, with $10 costs. Action for personal injuries. The accident was the result of a failure by the defendant driver to negotiate a sharp turn in the road. An issue is presented as to whether the accident resulted from the negligence of the driver or the construction of the highway, or whether it occurred without the fault of the defendant.
Concur — Rabin, J.P., Stevens and Steuer, JJ.; McNally and Eager, JJ., dissent and vote to affirm.