Peploe v. Gilmartin

Appellate Division of the Supreme Court of New York

Peploe v. Gilmartin

10 A.D.2d 734, 201 N.Y.S.2d 491, 1960 N.Y. App. Div. LEXIS 10933

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

DecidedMarch 28, 1960

StatusPublished

This text of 10 A.D.2d 734 (Peploe v. Gilmartin) 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

Peploe v. Gilmartin, 10 A.D.2d 734, 201 N.Y.S.2d 491, 1960 N.Y. App. Div. LEXIS 10933 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order affirmed, with $10 costs and disbursements (see, e.g., Bi Sabato v. Soffes, 9 A D 2d 297). ' Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur; Kleinfeld, J., dissents and' votes to reverse the order and to deny the motion upon the ground that the record presents an issue of fact which should be determined after a plenary trial.

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In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order affirmed, with $10 costs and disbursements (see, e.g., Bi Sabato v. Soffes, 9 A D 2d 297). ' Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur; Kleinfeld, J., dissents and' votes to reverse the order and to deny the motion upon the ground that the record presents an issue of fact which should be determined after a plenary trial.

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Bluebook (online)

10 A.D.2d 734, 201 N.Y.S.2d 491, 1960 N.Y. App. Div. LEXIS 10933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peploe-v-gilmartin-nyappdiv-1960.