Malkowski v. Diasparra

New York Court of Appeals

Malkowski v. Diasparra

74 N.E.2d 550, 297 N.Y. 568, 1947 N.Y. LEXIS 1048

DecidedJuly 2, 1947

StatusPublished

This text of 74 N.E.2d 550 (Malkowski v. Diasparra) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Malkowski v. Diasparra, 74 N.E.2d 550, 297 N.Y. 568, 1947 N.Y. LEXIS 1048 (N.Y. 1947).

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Opinion

Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate 'Division, upon the ground that it was properly left to the jury to determine whether, at the time of the injuries sustained by the infant plaintiff by reason of the alleged negligence of Cataldo Diasparra in operating an automobile, the relation *570 between them was that of master and servant or operator and passenger. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.

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Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate 'Division, upon the ground that it was properly left to the jury to determine whether, at the time of the injuries sustained by the infant plaintiff by reason of the alleged negligence of Cataldo Diasparra in operating an automobile, the relation *570 between them was that of master and servant or operator and passenger. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.

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74 N.E.2d 550, 297 N.Y. 568, 1947 N.Y. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malkowski-v-diasparra-ny-1947.