Alnwick v. Charles Kreisler Auto Rental Co.

Appellate Division of the Supreme Court of New York

Alnwick v. Charles Kreisler Auto Rental Co.

12 A.D.2d 950, 211 N.Y.S.2d 380, 1961 N.Y. App. Div. LEXIS 12740

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

DecidedFebruary 14, 1961

StatusPublished

This text of 12 A.D.2d 950 (Alnwick v. Charles Kreisler Auto Rental Co.) 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

Alnwick v. Charles Kreisler Auto Rental Co., 12 A.D.2d 950, 211 N.Y.S.2d 380, 1961 N.Y. App. Div. LEXIS 12740 (N.Y. Ct. App. 1961).

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Opinion

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, defendants appeal from an order of the Supreme Court, Queens County, dated September 27, 1960, granting plaintiff’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, there are issues of fact which should be decided after trial and not summarily on motion (cf. Galbraith v. Busch, 267 N. Y. 230; Nelson v. Nygren, 259 N. Y. 71; Vignola v. Britts, 11 A D 2d 801; Donahue v. Romahn, 10 A D 2d 637). Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, defendants appeal from an order of the Supreme Court, Queens County, dated September 27, 1960, granting plaintiff’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, there are issues of fact which should be decided after trial and not summarily on motion (cf. Galbraith v. Busch, 267 N. Y. 230; Nelson v. Nygren, 259 N. Y. 71; Vignola v. Britts, 11 A D 2d 801; Donahue v. Romahn, 10 A D 2d 637). Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 950, 211 N.Y.S.2d 380, 1961 N.Y. App. Div. LEXIS 12740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alnwick-v-charles-kreisler-auto-rental-co-nyappdiv-1961.

Opinion

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