O'Neil v. Kappesser

Defendants have moved for summary judgment striking from this action the issue that defendants violated section 1192 of the Vehicle and Traffic Law in that defendant “ Marjorie L. Kappesser was physically unable ” to drive her automobile because of alcohol which she had consumed on the night of the accident, December 22, 1962, and that the latter was a cause of the accident. In their bill of particulars plaintiffs state that the ability of the defendant Marjorie L. Kappesser to drive was “ impaired ” by consumption of alcohol. Counsel for the parties stipulate that upon the trial plaintiffs’…