Frank v. Smith
This text of 16 A.D.2d 826 (Frank v. Smith) 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.
Opinion
In a negligence action to recover damages for personal injuries, arising out of an automobile collision claimed to be due to a failure of defendant’s brakes, the defendant appeals from an order of the Supreme Court, Nassau County, dated July 19,1961, which granted plaintiffs’ motion for summary judgment and directed an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, without costs, and motion denied. In our opinion, the record presents issues of fact which should be resolved upon a trial. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.
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Cite This Page — Counsel Stack
16 A.D.2d 826, 1962 N.Y. App. Div. LEXIS 9445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-smith-nyappdiv-1962.