Powell v. Trans-Auto Systems, Inc.

32 A.D.2d 650, 300 N.Y.S.2d 747, 1969 N.Y. App. Div. LEXIS 4034
Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1969·Published·Cited by 17 cases

Opinion

Order of the Supreme Court, Dutchess County, dated June 12, 1968, affirmed, without costs. This third motion by plaintiff for summary judgment was properly denied. The practice of making successive motions for summary judgment, each based upon new factual assertions and proofs which were available to the movant from the outset, is to be discouraged (cf. Levitz v. Robbins Music Corp., 17 A D 2d 801). In any event, there are present issues of fact as to plaintiff’s contributory negligence. Christ, Acting P. J., Brennan, Rabin, Benjamin and Martuseello, JJ., concur.

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Powell v. Trans-Auto Systems, Inc., 32 A.D.2d 650, 300 N.Y.S.2d 747, 1969 N.Y. App. Div. LEXIS 4034 (N.Y. Ct. App. 1969).

32 A.D.2d 650 (Powell v. Trans-Auto Systems, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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