Simpkins v. County of Nassau

Appellate Division of the Supreme Court of New York

Simpkins v. County of Nassau

19 A.D.2d 734, 242 N.Y.S.2d 535, 1963 N.Y. App. Div. LEXIS 3424

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

DecidedJuly 1, 1963

StatusPublished

This text of 19 A.D.2d 734 (Simpkins v. County of Nassau) 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

Simpkins v. County of Nassau, 19 A.D.2d 734, 242 N.Y.S.2d 535, 1963 N.Y. App. Div. LEXIS 3424 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for personal injury sustained by plaintiff when an excavation in which he was working caved in, allegedly due to the absence of shoring and bracing, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated April 17, 1963, which denied his motion to strike out defendant’s answer and for summary judgment. Order affirmed, with $10 costs and disbursements. In our opinion, the record presents triable issues of fact which preclude the granting of summary judgment. Beldock, P. J., Kleinfeld, Christ, Rabin and Hopkins, JJ., concur.

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In an action to recover damages for personal injury sustained by plaintiff when an excavation in which he was working caved in, allegedly due to the absence of shoring and bracing, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated April 17, 1963, which denied his motion to strike out defendant’s answer and for summary judgment. Order affirmed, with $10 costs and disbursements. In our opinion, the record presents triable issues of fact which preclude the granting of summary judgment. Beldock, P. J., Kleinfeld, Christ, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 734, 242 N.Y.S.2d 535, 1963 N.Y. App. Div. LEXIS 3424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpkins-v-county-of-nassau-nyappdiv-1963.