Iannucci v. Betts

Appellate Division of the Supreme Court of New York

Iannucci v. Betts

34 A.D.2d 645, 310 N.Y.S.2d 677, 1970 N.Y. App. Div. LEXIS 5181

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1970

StatusPublished

This text of 34 A.D.2d 645 (Iannucci v. Betts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iannucci v. Betts, 34 A.D.2d 645, 310 N.Y.S.2d 677, 1970 N.Y. App. Div. LEXIS 5181 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a negligence action to recover damages for personal injuries sustained by the five infant plaintiffs and for medical expenses incurred by their father, the appealing defendants appeal from an order of the Supreme Court, Suffolk County, entered January 22, 1969, which granted plaintiffs’ motion for summary judgment and ordered an assessment of damages, pursuant to CPLR 3212. Order reversed, on the law, without costs, and motion denied. The infant plaintiffs were passengers in a motor vehicle operated by defendant John Holthusen, Jr., and owned by defendant Virginia Holthusen, which collided with another vehicle, owned by defendant Betts, at a street intersection. There are questions of fact which should be determined at a trial (Bailer v. Shelton, 30 A D 2d 545; Baskerville v. Solomon, 30 A D 2d 965; Rosenthal v. Monastra, 27 A D 2d 749; Heinicke v. Mendelsohn, 28 A D 2d 719). Rabin, Acting P. J., Hopkins, Munder, Martuscello and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries sustained by the five infant plaintiffs and for medical expenses incurred by their father, the appealing defendants appeal from an order of the Supreme Court, Suffolk County, entered January 22, 1969, which granted plaintiffs’ motion for summary judgment and ordered an assessment of damages, pursuant to CPLR 3212. Order reversed, on the law, without costs, and motion denied. The infant plaintiffs were passengers in a motor vehicle operated by defendant John Holthusen, Jr., and owned by defendant Virginia Holthusen, which collided with another vehicle, owned by defendant Betts, at a street intersection. There are questions of fact which should be determined at a trial (Bailer v. Shelton, 30 A D 2d 545; Baskerville v. Solomon, 30 A D 2d 965; Rosenthal v. Monastra, 27 A D 2d 749; Heinicke v. Mendelsohn, 28 A D 2d 719). Rabin, Acting P. J., Hopkins, Munder, Martuscello and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 645, 310 N.Y.S.2d 677, 1970 N.Y. App. Div. LEXIS 5181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iannucci-v-betts-nyappdiv-1970.