Plaza v. Chu & Son, Inc.

Appellate Division of the Supreme Court of New York

Plaza v. Chu & Son, Inc.

229 A.D.2d 1032, 646 N.Y.S.2d 463, 1996 N.Y. App. Div. LEXIS 9166

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

DecidedJuly 12, 1996

StatusPublished

This text of 229 A.D.2d 1032 (Plaza v. Chu & Son, 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

Plaza v. Chu & Son, Inc., 229 A.D.2d 1032, 646 N.Y.S.2d 463, 1996 N.Y. App. Div. LEXIS 9166 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendants for summary judgment. "Since summary judgment is the procedural equivalent of a trial, if there is any doubt as to the existence of a triable issue or where the material issue of fact is 'arguable,’ summary judgment must be denied” (Museums at Stony Brook v Village of Pat[1033]*1033chogue Fire Dept., 146 AD2d 572, 573). Based on our review of the record, we conclude that there are material issues of fact that cannot be resolved on this record, including whether the sidewalk abutting defendants’ land was used as a driveway (see, Museums at Stony Brook v Village of Patchogue Fire Dept., supra). (Appeal from Order of Supreme Court, Kings County, Vaccaro, J.—Summary Judgment.) Present—Pine, J. P., Fallon, Callahan, Balio and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendants for summary judgment. "Since summary judgment is the procedural equivalent of a trial, if there is any doubt as to the existence of a triable issue or where the material issue of fact is 'arguable,’ summary judgment must be denied” (Museums at Stony Brook v Village of Pat[1033]*1033chogue Fire Dept., 146 AD2d 572, 573). Based on our review of the record, we conclude that there are material issues of fact that cannot be resolved on this record, including whether the sidewalk abutting defendants’ land was used as a driveway (see, Museums at Stony Brook v Village of Patchogue Fire Dept., supra). (Appeal from Order of Supreme Court, Kings County, Vaccaro, J.—Summary Judgment.) Present—Pine, J. P., Fallon, Callahan, Balio and Boehm, JJ.

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Bluebook (online)

229 A.D.2d 1032, 646 N.Y.S.2d 463, 1996 N.Y. App. Div. LEXIS 9166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plaza-v-chu-son-inc-nyappdiv-1996.

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