J & J Log & Lumber Corp. v. Dancose

Appellate Division of the Supreme Court of New York

J & J Log & Lumber Corp. v. Dancose

52 A.D.2d 592, 382 N.Y.S.2d 295, 1976 N.Y. App. Div. LEXIS 12196

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

DecidedApril 12, 1976

StatusPublished

This text of 52 A.D.2d 592 (J & J Log & Lumber Corp. v. Dancose) 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

J & J Log & Lumber Corp. v. Dancose, 52 A.D.2d 592, 382 N.Y.S.2d 295, 1976 N.Y. App. Div. LEXIS 12196 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a negligence action to recover damages for the loss of the use of a truck, defendant Dancose appeals from an order of the Supreme Court, Dutchess County, entered October 22, 1975, which, inter alia, granted plaintiff’s motion for summary judgment as against him. Order reversed, with $50 costs and disbursements, and motion denied. In our opinion, the questions of negligence and contributory negligence present triable issues of fact which may not be determined on a motion for summary judgment. Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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In a negligence action to recover damages for the loss of the use of a truck, defendant Dancose appeals from an order of the Supreme Court, Dutchess County, entered October 22, 1975, which, inter alia, granted plaintiff’s motion for summary judgment as against him. Order reversed, with $50 costs and disbursements, and motion denied. In our opinion, the questions of negligence and contributory negligence present triable issues of fact which may not be determined on a motion for summary judgment. Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

52 A.D.2d 592, 382 N.Y.S.2d 295, 1976 N.Y. App. Div. LEXIS 12196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-log-lumber-corp-v-dancose-nyappdiv-1976.