Vitti v. F. W. Maloney

Appellate Division of the Supreme Court of New York

Vitti v. F. W. Maloney

109 A.D.2d 836, 486 N.Y.S.2d 361, 1985 N.Y. App. Div. LEXIS 47346

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

DecidedMarch 18, 1985

StatusPublished

Cited by3 cases

This text of 109 A.D.2d 836 (Vitti v. F. W. Maloney) 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.

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Vitti v. F. W. Maloney, 109 A.D.2d 836, 486 N.Y.S.2d 361, 1985 N.Y. App. Div. LEXIS 47346 (N.Y. Ct. App. 1985).

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Opinion

— In an action to recover damages for personal injuries, etc., plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Walsh, J.), entered October 31, 1983, as denied their cross motion for partial summary judgment on the issue of liability.

Order affirmed insofar as appealed from, with costs.

A thorough review of the record indicates that there are several issues of fact which warrant a trial and which thereby preclude summary judgment (see, Lagzdins v United Welfare Fund-Security Div. Marriott Corp., 77 AD2d 585; Parello v Clover Leaf Towers Corp., 38 AD2d 731). Moreover, summary judgment may be properly denied where, as here, the facts surrounding the accident are solely within the knowledge of the moving party (see, Parsolano v County of Nassau, 93 AD2d 815). Accordingly, we affirm the order insofar as appealed from. Gibbons, J. P., Bracken, O’Connor and Brown, JJ., concur.

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— In an action to recover damages for personal injuries, etc., plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Walsh, J.), entered October 31, 1983, as denied their cross motion for partial summary judgment on the issue of liability.

Order affirmed insofar as appealed from, with costs.

A thorough review of the record indicates that there are several issues of fact which warrant a trial and which thereby preclude summary judgment (see, Lagzdins v United Welfare Fund-Security Div. Marriott Corp., 77 AD2d 585; Parello v Clover Leaf Towers Corp., 38 AD2d 731). Moreover, summary judgment may be properly denied where, as here, the facts surrounding the accident are solely within the knowledge of the moving party (see, Parsolano v County of Nassau, 93 AD2d 815). Accordingly, we affirm the order insofar as appealed from. Gibbons, J. P., Bracken, O’Connor and Brown, JJ., concur.

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109 A.D.2d 836, 486 N.Y.S.2d 361, 1985 N.Y. App. Div. LEXIS 47346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitti-v-f-w-maloney-nyappdiv-1985.

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