Legal Opinion

Wood v. Rapps

New York Supreme Court

Decided April 18, 1960Published

1Opinion of the CourtMario Pittoni, J.

Motion for summary judgment in an action for property damage denied.

On September 22,1957, at about 7:00 p.m., defendant wife was operating her husband’s new Ford with automatic transmission out of a circular driveway on Woodland Drive, Sands Point. The defendants claim that the accelerator pedal became jammed or stuck and the car shot across the plaintiffs’ property and hit their house. Defendants claimed that the accelerator never jammed before.

The plaintiffs claim that the auto was driven too fast around the driveway, that control of the auto was lost when it struck a large boulder and that…

2Cases cited3 opinions

  1. Werfel v. Zivnostenska BankaNew York Court of Appeals · 1941
  2. Schaeffer v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1948
  3. Lepke v. Scalafani & Sons, Inc.New York Supreme Court · 1959

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