Stein v. Travers

Appellate Division of the Supreme Court of New York

Stein v. Travers

272 A.D.2d 132, 708 N.Y.S.2d 608, 2000 N.Y. App. Div. LEXIS 5391

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

DecidedMay 9, 2000

StatusPublished

This text of 272 A.D.2d 132 (Stein v. Travers) 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

Stein v. Travers, 272 A.D.2d 132, 708 N.Y.S.2d 608, 2000 N.Y. App. Div. LEXIS 5391 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 11, 1999, which, in this personal injury action, denied plaintiffs’ motion for summary judgment and to strike defendant’s affirmative defenses, unanimously affirmed, without costs.

Defendant has demonstrated that an issue of fact exists with respect to plaintiff’s comparative negligence, and therefore the trial court properly denied plaintiffs’ motion for summary judgment on the issue of liability (see, Lanza v Wells, 99 AD2d 506).

We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Williams, J. P., Wallach, Lerner, Andrias and Saxe, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 11, 1999, which, in this personal injury action, denied plaintiffs’ motion for summary judgment and to strike defendant’s affirmative defenses, unanimously affirmed, without costs.

Defendant has demonstrated that an issue of fact exists with respect to plaintiff’s comparative negligence, and therefore the trial court properly denied plaintiffs’ motion for summary judgment on the issue of liability (see, Lanza v Wells, 99 AD2d 506).

We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Williams, J. P., Wallach, Lerner, Andrias and Saxe, JJ.

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Bluebook (online)

272 A.D.2d 132, 708 N.Y.S.2d 608, 2000 N.Y. App. Div. LEXIS 5391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-travers-nyappdiv-2000.

Opinion

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