Sherman v. Flower

Appellate Division of the Supreme Court of New York

Sherman v. Flower

10 A.D.2d 652, 197 N.Y.S.2d 855, 1960 N.Y. App. Div. LEXIS 11591

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

DecidedFebruary 29, 1960

StatusPublished

This text of 10 A.D.2d 652 (Sherman v. Flower) 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

Sherman v. Flower, 10 A.D.2d 652, 197 N.Y.S.2d 855, 1960 N.Y. App. Div. LEXIS 11591 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for injuries to person and property, and for medical expenses and loss of services, the appeal is from an order made on reargument which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order modified by striking therefrom everything following the words “ upon reargument ” in the second ordering paragraph and by substituting therefor the words “ the original decision is adhered to ”. As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. In our opinion, there are questions of fact that preclude summary judgment. Present —Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ.

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In an action to recover damages for injuries to person and property, and for medical expenses and loss of services, the appeal is from an order made on reargument which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order modified by striking therefrom everything following the words “ upon reargument ” in the second ordering paragraph and by substituting therefor the words “ the original decision is adhered to ”. As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. In our opinion, there are questions of fact that preclude summary judgment. Present —Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ.

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Bluebook (online)

10 A.D.2d 652, 197 N.Y.S.2d 855, 1960 N.Y. App. Div. LEXIS 11591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-flower-nyappdiv-1960.