Newall v. Breezy Point Cooperative, Inc.

Appellate Division of the Supreme Court of New York

Newall v. Breezy Point Cooperative, Inc.

121 A.D.2d 610, 503 N.Y.S.2d 1002, 1986 N.Y. App. Div. LEXIS 58596

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

DecidedJune 23, 1986

StatusPublished

This text of 121 A.D.2d 610 (Newall v. Breezy Point Cooperative, Inc.) 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

Newall v. Breezy Point Cooperative, Inc., 121 A.D.2d 610, 503 N.Y.S.2d 1002, 1986 N.Y. App. Div. LEXIS 58596 (N.Y. Ct. App. 1986).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the defendant Breezy Point Cooperative, Inc., appeals from an order of the Supreme Court, Kings County (Pino, J.), dated October 10, 1984, which denied its motion for summary judgment to dismiss the complaint as against it and any and all cross claims against it.

Order affirmed, with one bill of costs.

Summary judgment is a drastic remedy and should not be granted where there is any doubt as to the existence of a triable issue (see, Rotuba Extruders v Ceppos, 46 NY2d 223, 231). Here there are triable issues. Therefore, summary judgment was properly denied. Gibbons, J. P., Brown, Weinstein and Kooper, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant Breezy Point Cooperative, Inc., appeals from an order of the Supreme Court, Kings County (Pino, J.), dated October 10, 1984, which denied its motion for summary judgment to dismiss the complaint as against it and any and all cross claims against it.

Order affirmed, with one bill of costs.

Summary judgment is a drastic remedy and should not be granted where there is any doubt as to the existence of a triable issue (see, Rotuba Extruders v Ceppos, 46 NY2d 223, 231). Here there are triable issues. Therefore, summary judgment was properly denied. Gibbons, J. P., Brown, Weinstein and Kooper, JJ., concur.

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Bluebook (online)

121 A.D.2d 610, 503 N.Y.S.2d 1002, 1986 N.Y. App. Div. LEXIS 58596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newall-v-breezy-point-cooperative-inc-nyappdiv-1986.

Opinion

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