SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 13, 1968
EVE BAILER ET AL., RESPONDENTS,
GODFREY P. SHELTON ET AL., APPELLANTS
Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, J., concur.
In our opinion, it was error to grant summary judgment. Defendants are entitled to have their explanation of what caused the accident tried and determined by a jury (Rosenthal v. Monastra, 27 A.D.2d 749; Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132).
Order of the Supreme Court, Westchester County, dated September 18, 1967, reversed, on the law, without costs, and plaintiffs' motion for summary judgment denied.
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