Lindenbaum v. Georgakakos

Plaintiff moves for summary judgment in an action brought to recover damages for personal injuries and wrongful death.

The accident occurred on September 10, 1960, shortly before noon, at Sixth Avenue and 35th Street, in the Borough of Manhattan. Defendant had been proceeding westerly along 35th Street and came to a stop at the corner of Sixth Avenue, at which point his wife and daughter alighted from the car to go shopping. Plaintiff’s decedent, a pedestrian, was struck by defendant’s car as he was making a right turn to go north on Sixth Avenue.

An eyewitness, Donato Lanzilotta, testified at…