Donahue v. Romahn

Appellate Division of the Supreme Court of New York

Donahue v. Romahn

10 A.D.2d 637, 196 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 11747

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

DecidedFebruary 15, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 637 (Donahue v. Romahn) 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

Donahue v. Romahn, 10 A.D.2d 637, 196 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 11747 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Respondent was asleep in the motor vehicle, which she owned and which was being operated by appellant, when he fell asleep or “blacked out” and it veered to the left and collided with a telephone pole, causing the injuries complained of. Order reversed, without costs, and motion denied. The record presents triable issues which may not be resolved on a motion for summary judgment (Phelan v. Houghton, 9 A D 2d 767, revg. 16 Misc 2d 227; Butler v. Albert, 1 A D 2d 43), Nolan, P. J., Ughetta. Kleinfeld, Christ and Brennan. JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Respondent was asleep in the motor vehicle, which she owned and which was being operated by appellant, when he fell asleep or “blacked out” and it veered to the left and collided with a telephone pole, causing the injuries complained of. Order reversed, without costs, and motion denied. The record presents triable issues which may not be resolved on a motion for summary judgment (Phelan v. Houghton, 9 A D 2d 767, revg. 16 Misc 2d 227; Butler v. Albert, 1 A D 2d 43), Nolan, P. J., Ughetta. Kleinfeld, Christ and Brennan. JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 637, 196 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 11747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donahue-v-romahn-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack