Sullivan v. Ganios

Appellate Division of the Supreme Court of New York

Sullivan v. Ganios

31 A.D.2d 527, 294 N.Y.S.2d 829, 1968 N.Y. App. Div. LEXIS 2888

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

DecidedNovember 19, 1968

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 527 (Sullivan v. Ganios) 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

Sullivan v. Ganios, 31 A.D.2d 527, 294 N.Y.S.2d 829, 1968 N.Y. App. Div. LEXIS 2888 (N.Y. Ct. App. 1968).

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Opinion

Order entered May 21, 1968, granting summary judgment to the plaintiff is unanimously reversed on the law, without costs or disbursements, and the motion is denied. The plaintiff, however, in the exercise of discretion and in the interest of justice, shall be granted a preference upon the filing of a proper note of issue and the payment of the necessary fees. While the plaintiff makes out a very strong ease toward the granting of summary judgment, there are yet triable issues of fact. It is not quite clear from the facts that the backing up of the car into the plaintiff was the result of negligence on the part of the defendant. However, in the exercise of discretion, and in the interest of justice, we grant the plaintiff a preference upon compliance with the above stated requirements. Concur — Botein, P. J., «Stevens, Capozzoli, Rabin and McNally, JJ.

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Order entered May 21, 1968, granting summary judgment to the plaintiff is unanimously reversed on the law, without costs or disbursements, and the motion is denied. The plaintiff, however, in the exercise of discretion and in the interest of justice, shall be granted a preference upon the filing of a proper note of issue and the payment of the necessary fees. While the plaintiff makes out a very strong ease toward the granting of summary judgment, there are yet triable issues of fact. It is not quite clear from the facts that the backing up of the car into the plaintiff was the result of negligence on the part of the defendant. However, in the exercise of discretion, and in the interest of justice, we grant the plaintiff a preference upon compliance with the above stated requirements. Concur — Botein, P. J., «Stevens, Capozzoli, Rabin and McNally, JJ.

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Bluebook (online)

31 A.D.2d 527, 294 N.Y.S.2d 829, 1968 N.Y. App. Div. LEXIS 2888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-ganios-nyappdiv-1968.

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