Schneider v. Plitt Theatres, Inc.

Appellate Division of the Supreme Court of New York

Schneider v. Plitt Theatres, Inc.

243 A.D.2d 701, 665 N.Y.S.2d 313, 1997 N.Y. App. Div. LEXIS 10718

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

DecidedOctober 27, 1997

StatusPublished

This text of 243 A.D.2d 701 (Schneider v. Plitt Theatres, 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

Schneider v. Plitt Theatres, Inc., 243 A.D.2d 701, 665 N.Y.S.2d 313, 1997 N.Y. App. Div. LEXIS 10718 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 17, 1996, as (1) granted the plaintiffs motion to reargue the defendant’s prior motion for summary judgment, (2) vacated a prior order of the same court, dated May 6, 1996, granting that motion, (3) denied the defendant’s motion for summary judgment, and (4) reinstated the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact which preclude the granting of summary judgment (see, Allein v Niagara Frontier Servs., 209 AD2d 926; Phillips v United Artists Communications, 201 AD2d 634; cf., Kennedy v Wegmans Food Mkts., 90 NY2d 923). Miller, J. P., Pizzuto, Altman and Goldstein, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 17, 1996, as (1) granted the plaintiffs motion to reargue the defendant’s prior motion for summary judgment, (2) vacated a prior order of the same court, dated May 6, 1996, granting that motion, (3) denied the defendant’s motion for summary judgment, and (4) reinstated the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact which preclude the granting of summary judgment (see, Allein v Niagara Frontier Servs., 209 AD2d 926; Phillips v United Artists Communications, 201 AD2d 634; cf., Kennedy v Wegmans Food Mkts., 90 NY2d 923). Miller, J. P., Pizzuto, Altman and Goldstein, JJ., concur.

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Bluebook (online)

243 A.D.2d 701, 665 N.Y.S.2d 313, 1997 N.Y. App. Div. LEXIS 10718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-plitt-theatres-inc-nyappdiv-1997.

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