Shanks v. Eastman Kodak Co.

Appellate Division of the Supreme Court of New York

Shanks v. Eastman Kodak Co.

47 A.D.2d 999, 366 N.Y.S.2d 745, 1975 N.Y. App. Div. LEXIS 9499

Appellate Division of the Supreme Court of the State of New York·Decided April 23, 1975·Published

Opinion

Order unanimously affirmed, with costs. Memorandum: Defendant Diener Knitting Mill’s motion for summary judgment of dismissal of the complaint as against it was properly denied because defendant was possessed of the facts involved, and plaintiff had not had opportunity to ascertain them by examination before trial. In view of the record, plaintiff should proceed promptly to complete its discovery procedures. (Appeal from order of Erie Special Term in negligence action.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

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Order unanimously affirmed, with costs. Memorandum: Defendant Diener Knitting Mill’s motion for summary judgment of dismissal of the complaint as against it was properly denied because defendant was possessed of the facts involved, and plaintiff had not had opportunity to ascertain them by examination before trial. In view of the record, plaintiff should proceed promptly to complete its discovery procedures. (Appeal from order of Erie Special Term in negligence action.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

Shanks v. Eastman Kodak Co., 47 A.D.2d 999, 366 N.Y.S.2d 745, 1975 N.Y. App. Div. LEXIS 9499 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 999 (Shanks v. Eastman Kodak Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.