Mullen v. Reis
10 A.D.2d 910
N.Y. App. Div.
1960
Check Treatment

Order unanimously modified, on the law, to the extent of denying the motion for summary judgment as to defendant-appellant Ronald Reis, and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant Ronald Reis and defendant-respondent Fifth Avenue Coach Lines, Inc. There are present issues of fact in respect of the negligence of said defendant-appellant and the contributory negligence of plaintiff-appellant-respondent. The record raises at least an issue of fact as to whether or not the defendant-appellant backed his car into a line of people boarding a bus, or whether plaintiff walked into the defendant-appellant’s car while he was backing up. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.