From Casetext: Smarter Legal Research

O'Leary v. Braile, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1961
13 A.D.2d 1032 (N.Y. App. Div. 1961)

Opinion

June 26, 1961


In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Queens County, dated October 27, 1960, granting plaintiffs' motion for summary judgment and directing an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, without costs, and motion for summary judgment denied. In our opinion, upon this record, there are triable issues of fact with respect to proximate cause and freedom from contributory negligence. Beldock, Acting P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.


Summaries of

O'Leary v. Braile, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1961
13 A.D.2d 1032 (N.Y. App. Div. 1961)
Case details for

O'Leary v. Braile, Inc.

Case Details

Full title:EVELYN O'LEARY et al., Respondents, v. BRAILE, INC., et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 26, 1961

Citations

13 A.D.2d 1032 (N.Y. App. Div. 1961)