Ainbinder v. Kleinman

Appellate Division of the Supreme Court of New York

Ainbinder v. Kleinman

11 A.D.2d 1025, 208 N.Y.S.2d 434, 1960 N.Y. App. Div. LEXIS 7933

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 3, 1960

StatusPublished

This text of 11 A.D.2d 1025 (Ainbinder v. Kleinman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ainbinder v. Kleinman, 11 A.D.2d 1025, 208 N.Y.S.2d 434, 1960 N.Y. App. Div. LEXIS 7933 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries alleged to have been sustained by plaintiff as the result of the negligent operation of an automobile by defendant, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated February 24, 1960, as grants plaintiff’s motion for summary judgment and directs a trial for the fixation of damages, pursuant to rule 113 of the Rules of Civil Practice. Order insofar as appealed from reversed, with $10 costs and disbursements, and motion for summary judgment denied. In our opinion, the record presents issues of fact which should not have been summarily decided on motion. Nolan, P. J., Beldoek, Christ; Pette and Brennan, JJ., concur.

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In an action to recover damages for personal injuries alleged to have been sustained by plaintiff as the result of the negligent operation of an automobile by defendant, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated February 24, 1960, as grants plaintiff’s motion for summary judgment and directs a trial for the fixation of damages, pursuant to rule 113 of the Rules of Civil Practice. Order insofar as appealed from reversed, with $10 costs and disbursements, and motion for summary judgment denied. In our opinion, the record presents issues of fact which should not have been summarily decided on motion. Nolan, P. J., Beldoek, Christ; Pette and Brennan, JJ., concur.

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Bluebook (online)

11 A.D.2d 1025, 208 N.Y.S.2d 434, 1960 N.Y. App. Div. LEXIS 7933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ainbinder-v-kleinman-nyappdiv-1960.