SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 27, 1968
TIMOTHY DAUGHERTY, AN INFANT, BY HIS GUARDIAN AD LITEM HELEN F. DAUGHERTY, ET AL., RESPONDENTS,
INTERSTATE MOTOR FREIGHT SYSTEMS, INC., ET AL., APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 2.)
Appeal from judgment of Erie Trial Term in automobile negligence action.
Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.
Same Memorandum as in Celani v. Interstate Motor Freight Systems (30 A.D.2d 772) decided concurrently herewith.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.
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