Rasheed-Waters v. Kawasaki Rail Car, Inc.

Appellate Division of the Supreme Court of New York

Rasheed-Waters v. Kawasaki Rail Car, Inc.

60 A.D.3d 1030, 875 N.Y.S.2d 798

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

DecidedMarch 31, 2009

StatusPublished

This text of 60 A.D.3d 1030 (Rasheed-Waters v. Kawasaki Rail Car, 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

Rasheed-Waters v. Kawasaki Rail Car, Inc., 60 A.D.3d 1030, 875 N.Y.S.2d 798 (N.Y. Ct. App. 2009).

Pincite

Opinion

an action, inter alia, to recover damages for personal injuries, etc., based on strict products liability, the plaintiff Jamillah K. Rasheed-Waters appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated September 18, 2007, as granted that branch of the motion of the defendant Kawasaki Rail Car, Inc., which was for summary judgment dismissing the causes of action asserted by her and denied that branch of her cross motion which was for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Kawasaki Rail Car, Inc., which was for summary judgment dismissing the causes of action asserted by the appellant and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment to both parties on this appeal (see CPLR 3212). Fisher, J.P., Miller, Garni and Balkin, JJ., concur. [See 2007 NY Slip Op 33047(11).]

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an action, inter alia, to recover damages for personal injuries, etc., based on strict products liability, the plaintiff Jamillah K. Rasheed-Waters appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated September 18, 2007, as granted that branch of the motion of the defendant Kawasaki Rail Car, Inc., which was for summary judgment dismissing the causes of action asserted by her and denied that branch of her cross motion which was for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Kawasaki Rail Car, Inc., which was for summary judgment dismissing the causes of action asserted by the appellant and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment to both parties on this appeal (see CPLR 3212). Fisher, J.P., Miller, Garni and Balkin, JJ., concur. [See 2007 NY Slip Op 33047(11).]

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Bluebook (online)

60 A.D.3d 1030, 875 N.Y.S.2d 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasheed-waters-v-kawasaki-rail-car-inc-nyappdiv-2009.