O'Hart v. De Loatch

Appellate Division of the Supreme Court of New York

O'Hart v. De Loatch

23 A.D.2d 579, 256 N.Y.S.2d 923, 1965 N.Y. App. Div. LEXIS 4893

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

DecidedFebruary 15, 1965

StatusPublished

This text of 23 A.D.2d 579 (O'Hart v. De Loatch) 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

O'Hart v. De Loatch, 23 A.D.2d 579, 256 N.Y.S.2d 923, 1965 N.Y. App. Div. LEXIS 4893 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a negligence action arising out of a rear-end automobile collision, the defendants appeal from an order of the Supreme Court, Rock-land County, dated July 28, 1964, which granted plaintiff’s motion for summary judgment and directed an assessment of damages by a jury. Order reversed on the law and the facts, without costs, and motion for summary judgment denied. In our opinion, the record presents issues of fact which may not be resolved upon a motion for summary judgment (Simon v. Appelbaum, 9 A D 2d 695). Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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In a negligence action arising out of a rear-end automobile collision, the defendants appeal from an order of the Supreme Court, Rock-land County, dated July 28, 1964, which granted plaintiff’s motion for summary judgment and directed an assessment of damages by a jury. Order reversed on the law and the facts, without costs, and motion for summary judgment denied. In our opinion, the record presents issues of fact which may not be resolved upon a motion for summary judgment (Simon v. Appelbaum, 9 A D 2d 695). Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 579, 256 N.Y.S.2d 923, 1965 N.Y. App. Div. LEXIS 4893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohart-v-de-loatch-nyappdiv-1965.