Figueroa v. Cadbury Utility Construction Corp.

Appellate Division of the Supreme Court of New York

Figueroa v. Cadbury Utility Construction Corp.

239 A.D.2d 285, 657 N.Y.S.2d 422, 1997 N.Y. App. Div. LEXIS 5595

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1997·Published·Cited by 6 cases

Opinion

Order, Supreme Court, Bronx County (Howard Silver, J.), entered February 5, 1996, which, in a rear-end automobile accident case, granted plaintiff’s motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

Defendant’s affidavit, asserting that he was cut off by plaintiff’s automobile, raises issues sufficient to defeat summary judgment (cf., Lenahan v Goucher, 65 NY2d 1034, revg on dissenting mem 111 AD2d 546, 548; Borgesano v Hertz Corp., 69 AD2d 894). Concur—Murphy, P. J., Rosenberger, Wallach, Tom and Andrias, JJ.

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Order, Supreme Court, Bronx County (Howard Silver, J.), entered February 5, 1996, which, in a rear-end automobile accident case, granted plaintiff’s motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

Defendant’s affidavit, asserting that he was cut off by plaintiff’s automobile, raises issues sufficient to defeat summary judgment (cf., Lenahan v Goucher, 65 NY2d 1034, revg on dissenting mem 111 AD2d 546, 548; Borgesano v Hertz Corp., 69 AD2d 894). Concur—Murphy, P. J., Rosenberger, Wallach, Tom and Andrias, JJ.

Figueroa v. Cadbury Utility Construction Corp., 239 A.D.2d 285, 657 N.Y.S.2d 422, 1997 N.Y. App. Div. LEXIS 5595 (N.Y. Ct. App. 1997).

Pincite

239 A.D.2d 285 (Figueroa v. Cadbury Utility Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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