Powell v. Tarantino Foods, Inc.

Appellate Division of the Supreme Court of New York

Powell v. Tarantino Foods, Inc.

234 A.D.2d 989, 652 N.Y.S.2d 188, 1996 N.Y. App. Div. LEXIS 13770

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

DecidedDecember 30, 1996

DocketAppeal No. 1

StatusPublished

Cited by3 cases

This text of 234 A.D.2d 989 (Powell v. Tarantino Foods, 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

Powell v. Tarantino Foods, Inc., 234 A.D.2d 989, 652 N.Y.S.2d 188, 1996 N.Y. App. Div. LEXIS 13770 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erroneously concluded that the entry contained in the police report that the driver had left the keys in the vehicle is insufficient to raise a triable issue of fact whether the keys were left in the ignition of the unattended vehicle (see, Vehicle and Traffic Law § 1210 [a]; Shea v Johnson, [990]*990101 AD2d 1018). Issue finding rather than issue determination is the function of the court on a motion for summary judgment. (Appeal from Order of Supreme Court, Erie County, Michalek, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Callahan and Boehm, JJ.

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—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erroneously concluded that the entry contained in the police report that the driver had left the keys in the vehicle is insufficient to raise a triable issue of fact whether the keys were left in the ignition of the unattended vehicle (see, Vehicle and Traffic Law § 1210 [a]; Shea v Johnson, [990]*990101 AD2d 1018). Issue finding rather than issue determination is the function of the court on a motion for summary judgment. (Appeal from Order of Supreme Court, Erie County, Michalek, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Callahan and Boehm, JJ.

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Bluebook (online)

234 A.D.2d 989, 652 N.Y.S.2d 188, 1996 N.Y. App. Div. LEXIS 13770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-tarantino-foods-inc-nyappdiv-1996.

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