Kopperman v. Zar

Appellate Terms of the Supreme Court of New York

Kopperman v. Zar

62 Misc. 2d 940, 310 N.Y.S.2d 374, 1970 N.Y. Misc. LEXIS 1863

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 25, 1970

StatusPublished

Cited by1 cases

This text of 62 Misc. 2d 940 (Kopperman v. Zar) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kopperman v. Zar, 62 Misc. 2d 940, 310 N.Y.S.2d 374, 1970 N.Y. Misc. LEXIS 1863 (N.Y. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

While 'Special Term properly concluded that there are triable issues as to the negligence of the respective defendants, it was error to summarily determine that plaintiff passenger’s freedom from contributory negligence had been established. The resolution of this issue must await a plenary trial since it necessarily involves facts which are peculiarly within the knowledge of the moving party (Terranova v. Emil, 20 N Y 2d 493; Crocker-Citizens Nat. Bank v. L. N. Mag. Distrs., 26 A D 2d 667; Jensen v. Metropolitan Life Ins. Co., 27 A D 2d 934; Marine Midland Trust Co. of Northern N. Y. v. Macaluso, 30 AD 2d 932).

The order should be unanimously modified by deleting the finding that plaintiff did not, by her own negligence, contribute to the happening of the accident; as so modified, order affirmed, without costs.

Concur — Gboat, P. J., Binaldi and Cone, JJ.

Order modified, etc.

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Per Curiam.

While 'Special Term properly concluded that there are triable issues as to the negligence of the respective defendants, it was error to summarily determine that plaintiff passenger’s freedom from contributory negligence had been established. The resolution of this issue must await a plenary trial since it necessarily involves facts which are peculiarly within the knowledge of the moving party (Terranova v. Emil, 20 N Y 2d 493; Crocker-Citizens Nat. Bank v. L. N. Mag. Distrs., 26 A D 2d 667; Jensen v. Metropolitan Life Ins. Co., 27 A D 2d 934; Marine Midland Trust Co. of Northern N. Y. v. Macaluso, 30 AD 2d 932).

The order should be unanimously modified by deleting the finding that plaintiff did not, by her own negligence, contribute to the happening of the accident; as so modified, order affirmed, without costs.

Concur — Gboat, P. J., Binaldi and Cone, JJ.

Order modified, etc.

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Bluebook (online)

62 Misc. 2d 940, 310 N.Y.S.2d 374, 1970 N.Y. Misc. LEXIS 1863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopperman-v-zar-nyappterm-1970.

Opinion

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