Mitchell v. Parks

Appellate Division of the Supreme Court of New York

Mitchell v. Parks

54 A.D.2d 895, 388 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 14718

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

DecidedNovember 1, 1976

StatusPublished

This text of 54 A.D.2d 895 (Mitchell v. Parks) 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

Mitchell v. Parks, 54 A.D.2d 895, 388 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 14718 (N.Y. Ct. App. 1976).

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Opinion

In a negligence action to recover damages for personal injuries, etc., which action arises out of an automobile collision, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered March 9, 1976, which denied their motion for partial summary judgment. Order afiirmed, without costs or disbursements. While plaintiffs made out a persuasive case of negligence on the part of defendant, there still remains a question of fact as to whether defendant’s conduct fell below any permissible standard of due care (see Andre v Pomeroy, 35 NY2d 361). Martuscello, Acting P. J., Latham, Cohalan, Margett and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., which action arises out of an automobile collision, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered March 9, 1976, which denied their motion for partial summary judgment. Order afiirmed, without costs or disbursements. While plaintiffs made out a persuasive case of negligence on the part of defendant, there still remains a question of fact as to whether defendant’s conduct fell below any permissible standard of due care (see Andre v Pomeroy, 35 NY2d 361). Martuscello, Acting P. J., Latham, Cohalan, Margett and Shapiro, JJ., concur.

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Bluebook (online)

54 A.D.2d 895, 388 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 14718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-parks-nyappdiv-1976.

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