Smith v. Bunting

Ellis J. Staley, Jr., J.

This is a motion by the plaintiffs in a negligence action for summary judgment in accordance with the provisions of subdivision 2 of rule 113 of the Buies of Civil Practice.

The [infant] plaintiff was a passenger in an automobile operated by Edward Stuart Tucker as it was proceeding south on Boute No. 208 in Ulster County on the 7th day of November, 1959. As the automobile approached the intersection of Boute No. 208 and Boute No. 17K, the operator stopped the automobile for the traffic signal at the intersection, which traffic signal was red. While in a stopped…