Bailer v. Shelton

Appellate Division of the Supreme Court of New York

Bailer v. Shelton

30 A.D.2d 545, 292 N.Y.S.2d 821, 1968 N.Y. App. Div. LEXIS 4036

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

DecidedMay 13, 1968

StatusPublished

This text of 30 A.D.2d 545 (Bailer v. Shelton) 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

Bailer v. Shelton, 30 A.D.2d 545, 292 N.Y.S.2d 821, 1968 N.Y. App. Div. LEXIS 4036 (N.Y. Ct. App. 1968).

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Opinion

Order of the Supreme Court, Westchester County, dated September 18, 1967, reversed, on the law, without costs, and plaintiffs’ motion for summary judgment denied. In our opinion, it was error to grant summary judgment. Defendants are entitled to have their explanation of what caused the accident tried and determined by a jury (Rosenthal v. Monastra, 27 A D 2d 749; Pfaffenbach V. White Plains Express Corp., 17 N Y 2d 132). Christ, Acting ,P. J., Brennan, Hopkins, Munder and Martuscello, J., concur.

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Order of the Supreme Court, Westchester County, dated September 18, 1967, reversed, on the law, without costs, and plaintiffs’ motion for summary judgment denied. In our opinion, it was error to grant summary judgment. Defendants are entitled to have their explanation of what caused the accident tried and determined by a jury (Rosenthal v. Monastra, 27 A D 2d 749; Pfaffenbach V. White Plains Express Corp., 17 N Y 2d 132). Christ, Acting ,P. J., Brennan, Hopkins, Munder and Martuscello, J., concur.

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Bluebook (online)

30 A.D.2d 545, 292 N.Y.S.2d 821, 1968 N.Y. App. Div. LEXIS 4036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailer-v-shelton-nyappdiv-1968.