Di Milia v. Coca Cola Bottling Co.

Appellate Division of the Supreme Court of New York

Di Milia v. Coca Cola Bottling Co.

24 A.D.2d 862, 264 N.Y.S.2d 353, 1965 N.Y. App. Div. LEXIS 3083

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

DecidedNovember 1, 1965

StatusPublished

This text of 24 A.D.2d 862 (Di Milia v. Coca Cola Bottling 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

Di Milia v. Coca Cola Bottling Co., 24 A.D.2d 862, 264 N.Y.S.2d 353, 1965 N.Y. App. Div. LEXIS 3083 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover damages for personal injury, defendants appeal, by permission of the Appellate Term of the Supreme Court, from an order of that court, entered March 19, 1965, which affirmed: (1) an order of the Civil Court, Kings County, entered October 25, 1963, granting plaintiff’s motion for summary judgment; and (2) a judgment of said court entered June 22, 1964 upon a verdict in plaintiff’s favor [863]*863after a jury’s assessment of the damages. Order of the Appellate Term and order and judgment of the Civil Court reversed and motion for summary judgment, denied, without costs. In our opinion, triable issues of fact are presented by the record which should be resolved upon a plenary trial. Beldock, P. J., Ug'hetta, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action to recover damages for personal injury, defendants appeal, by permission of the Appellate Term of the Supreme Court, from an order of that court, entered March 19, 1965, which affirmed: (1) an order of the Civil Court, Kings County, entered October 25, 1963, granting plaintiff’s motion for summary judgment; and (2) a judgment of said court entered June 22, 1964 upon a verdict in plaintiff’s favor [863]*863after a jury’s assessment of the damages. Order of the Appellate Term and order and judgment of the Civil Court reversed and motion for summary judgment, denied, without costs. In our opinion, triable issues of fact are presented by the record which should be resolved upon a plenary trial. Beldock, P. J., Ug'hetta, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 862, 264 N.Y.S.2d 353, 1965 N.Y. App. Div. LEXIS 3083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-milia-v-coca-cola-bottling-co-nyappdiv-1965.