Cruse v. Pepsico Truck Rental, Inc.

Appellate Division of the Supreme Court of New York

Cruse v. Pepsico Truck Rental, Inc.

61 A.D.2d 1022, 403 N.Y.S.2d 85, 1978 N.Y. App. Div. LEXIS 10670

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

DecidedMarch 20, 1978

StatusPublished

This text of 61 A.D.2d 1022 (Cruse v. Pepsico Truck Rental, Inc.) 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

Cruse v. Pepsico Truck Rental, Inc., 61 A.D.2d 1022, 403 N.Y.S.2d 85, 1978 N.Y. App. Div. LEXIS 10670 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a consolidated action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from an order of the Supreme Court, Kings County, dated January 13, 1977, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. The contention of the appellant that the credibility of witnesses may be weighed on a motion for summary judgment is not the [1023]*1023law. There are, in this automobile negligence case, disputed issues of fact which may not be determined on a motion for summary judgment. Titone, J. P., Gulotta, Shapiro and Cohalan, JJ., concur.

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In a consolidated action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from an order of the Supreme Court, Kings County, dated January 13, 1977, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. The contention of the appellant that the credibility of witnesses may be weighed on a motion for summary judgment is not the [1023]*1023law. There are, in this automobile negligence case, disputed issues of fact which may not be determined on a motion for summary judgment. Titone, J. P., Gulotta, Shapiro and Cohalan, JJ., concur.

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Bluebook (online)

61 A.D.2d 1022, 403 N.Y.S.2d 85, 1978 N.Y. App. Div. LEXIS 10670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruse-v-pepsico-truck-rental-inc-nyappdiv-1978.