Feldmar v. Scrofani

Appellate Division of the Supreme Court of New York

Feldmar v. Scrofani

17 A.D.2d 945, 1962 N.Y. App. Div. LEXIS 6752

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

DecidedNovember 29, 1962

StatusPublished

This text of 17 A.D.2d 945 (Feldmar v. Scrofani) 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

Feldmar v. Scrofani, 17 A.D.2d 945, 1962 N.Y. App. Div. LEXIS 6752 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order, entered on April 19, 1962, granting plaintiffs' motion for summary judgment in this negligence action, unanimously reversed on the law, with $20 costs and disbursements to appellants and the motion denied. It cannot be said on the record before us that there is no triable issue as to negligence on the part of defendants. An issue is presented as to whether the driver of defendants' panel truck could, in the exercise of ordinary care and in view of the existing circumstances, have brought his vehicle to a stop in time to avoid running into the plaintiffs' automobile. Concur — Rabin, J. P., Yalente, Stevens, Eager and JBergan, JJ.

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Order, entered on April 19, 1962, granting plaintiffs' motion for summary judgment in this negligence action, unanimously reversed on the law, with $20 costs and disbursements to appellants and the motion denied. It cannot be said on the record before us that there is no triable issue as to negligence on the part of defendants. An issue is presented as to whether the driver of defendants' panel truck could, in the exercise of ordinary care and in view of the existing circumstances, have brought his vehicle to a stop in time to avoid running into the plaintiffs' automobile. Concur — Rabin, J. P., Yalente, Stevens, Eager and JBergan, JJ.

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Bluebook (online)

17 A.D.2d 945, 1962 N.Y. App. Div. LEXIS 6752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldmar-v-scrofani-nyappdiv-1962.