Levin v. Wilkerson

Appellate Division of the Supreme Court of New York

Levin v. Wilkerson

39 A.D.2d 685, 332 N.Y.S.2d 1010, 1972 N.Y. App. Div. LEXIS 4563

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1972·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County, entered September 27, 1971, unanimously affirmed, without costs and without disbursements. In affirming denial of plaintiff-appellant’s motion for partial summary judgment we concur in the result only, i.e., that there are factual issues that require a trial. We do not, however, adopt Special Term’s characterization of the pleaded cause as one in negligence. Whether it sounds in negligence or nuisance must depend on development of the facts at trial. Concur — Markewich, J. P., Kupferman, Eager and Capozzoli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered September 27, 1971, unanimously affirmed, without costs and without disbursements. In affirming denial of plaintiff-appellant’s motion for partial summary judgment we concur in the result only, i.e., that there are factual issues that require a trial. We do not, however, adopt Special Term’s characterization of the pleaded cause as one in negligence. Whether it sounds in negligence or nuisance must depend on development of the facts at trial. Concur — Markewich, J. P., Kupferman, Eager and Capozzoli, JJ.

Levin v. Wilkerson, 39 A.D.2d 685, 332 N.Y.S.2d 1010, 1972 N.Y. App. Div. LEXIS 4563 (N.Y. Ct. App. 1972).

Pincite

39 A.D.2d 685 (Levin v. Wilkerson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related