Gaynor v. Deskey Associates

Appellate Division of the Supreme Court of New York

Gaynor v. Deskey Associates

273 A.D.2d 41, 708 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 6380

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

DecidedJune 8, 2000

StatusPublished

This text of 273 A.D.2d 41 (Gaynor v. Deskey Associates) 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

Gaynor v. Deskey Associates, 273 A.D.2d 41, 708 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 6380 (N.Y. Ct. App. 2000).

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Opinion

Order, Supreme Court, New York [42]*42County (Richard Lowe, III, J.), entered November 9, 1999, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied since the parties’ submissions, including photographs of the vehicles involved in the subject accident and the affidavits of the parties’ experts regarding the points of impact and the trajectories of the vehicles, raise triable issues as to the manner in which the accident occurred and, accordingly, as to which of the parties was at fault (compare, Amatulli v Delhi Constr. Corp., 77 NY2d 525). Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.

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Order, Supreme Court, New York [42]*42County (Richard Lowe, III, J.), entered November 9, 1999, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied since the parties’ submissions, including photographs of the vehicles involved in the subject accident and the affidavits of the parties’ experts regarding the points of impact and the trajectories of the vehicles, raise triable issues as to the manner in which the accident occurred and, accordingly, as to which of the parties was at fault (compare, Amatulli v Delhi Constr. Corp., 77 NY2d 525). Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 41, 708 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 6380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaynor-v-deskey-associates-nyappdiv-2000.

Opinion

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