Simon v. Appelbaum

Appellate Division of the Supreme Court of New York

Simon v. Appelbaum

9 A.D.2d 695, 191 N.Y.S.2d 1005, 1959 N.Y. App. Div. LEXIS 6570

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

DecidedOctober 26, 1959

StatusPublished

This text of 9 A.D.2d 695 (Simon v. Appelbaum) 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

Simon v. Appelbaum, 9 A.D.2d 695, 191 N.Y.S.2d 1005, 1959 N.Y. App. Div. LEXIS 6570 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from so much of an order as granted a motion for summary judgment striking out appellant’s answer. Order modified (1) by striking from the first ordering paragraph everything commencing with the word “ granted ” and by substituting therefor the words “denied, and it is further” and (2) by striking from said order everything following the words “ Theodore Appelbaum ” in the second ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant. The papers present triable issues which may not be resolved upon a motion for summary judgment. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.

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In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from so much of an order as granted a motion for summary judgment striking out appellant’s answer. Order modified (1) by striking from the first ordering paragraph everything commencing with the word “ granted ” and by substituting therefor the words “denied, and it is further” and (2) by striking from said order everything following the words “ Theodore Appelbaum ” in the second ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant. The papers present triable issues which may not be resolved upon a motion for summary judgment. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

9 A.D.2d 695, 191 N.Y.S.2d 1005, 1959 N.Y. App. Div. LEXIS 6570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-appelbaum-nyappdiv-1959.