Jackson v. Timmons

Appellate Division of the Supreme Court of New York

Jackson v. Timmons

29 A.D.2d 664, 286 N.Y.S.2d 66, 1968 N.Y. App. Div. LEXIS 4853

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

DecidedJanuary 15, 1968

StatusPublished

Cited by1 cases

This text of 29 A.D.2d 664 (Jackson v. Timmons) 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

Jackson v. Timmons, 29 A.D.2d 664, 286 N.Y.S.2d 66, 1968 N.Y. App. Div. LEXIS 4853 (N.Y. Ct. App. 1968).

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Opinion

Order of the Supreme Court, Westchester County, dated June 27, 1967, reversed, with $10 costs and disbursements, and plaintiff’s motion for summary judgment denied. In our opinion, plaintiff’s supporting papérs are not sufficient to meet the evidentiary requirements of CPLR 3212 (subd. [b]). No affidavit by her or any eyewitness was submitted. The statements in the complaint which was verified by her are merely eonclusory and do not contain facts upon which it may be held that there is no factual issue of negligence or freedom from contributory negligence (Gale v. City of New York, 18 A D 2d 12). The mere fact that defendants’ vehicles were on the wrong side of the road does not constitute negligence as a matter of law (Gale v. City of New York, supra, p. 13). Beldoek, P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Order of the Supreme Court, Westchester County, dated June 27, 1967, reversed, with $10 costs and disbursements, and plaintiff’s motion for summary judgment denied. In our opinion, plaintiff’s supporting papérs are not sufficient to meet the evidentiary requirements of CPLR 3212 (subd. [b]). No affidavit by her or any eyewitness was submitted. The statements in the complaint which was verified by her are merely eonclusory and do not contain facts upon which it may be held that there is no factual issue of negligence or freedom from contributory negligence (Gale v. City of New York, 18 A D 2d 12). The mere fact that defendants’ vehicles were on the wrong side of the road does not constitute negligence as a matter of law (Gale v. City of New York, supra, p. 13). Beldoek, P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Bluebook (online)

29 A.D.2d 664, 286 N.Y.S.2d 66, 1968 N.Y. App. Div. LEXIS 4853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-timmons-nyappdiv-1968.

Opinion

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