Martino v. Cohen

Appellate Division of the Supreme Court of New York

Martino v. Cohen

12 A.D.2d 941, 212 N.Y.S.2d 1007, 1961 N.Y. App. Div. LEXIS 12869

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

DecidedFebruary 6, 1961

StatusPublished

This text of 12 A.D.2d 941 (Martino v. Cohen) 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

Martino v. Cohen, 12 A.D.2d 941, 212 N.Y.S.2d 1007, 1961 N.Y. App. Div. LEXIS 12869 (N.Y. Ct. App. 1961).

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Opinion

In an action to recover damages for injury to person and property, defendant Cohen appeals from an order of the Supreme Court, Kings County, dated September 20, 1960, granting plaintiffs’ motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment against said defendant, directing an assessment of damages against him, and severing the action as against the other defendants. Order reversed, with $10 costs and disbursements, and motion denied. The record shows the existence of issues of fact which should be determined after trial, not on a motion for summary judgment. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.

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In an action to recover damages for injury to person and property, defendant Cohen appeals from an order of the Supreme Court, Kings County, dated September 20, 1960, granting plaintiffs’ motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment against said defendant, directing an assessment of damages against him, and severing the action as against the other defendants. Order reversed, with $10 costs and disbursements, and motion denied. The record shows the existence of issues of fact which should be determined after trial, not on a motion for summary judgment. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 941, 212 N.Y.S.2d 1007, 1961 N.Y. App. Div. LEXIS 12869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martino-v-cohen-nyappdiv-1961.