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Greenberg v. Green

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 1993
197 A.D.2d 502 (N.Y. App. Div. 1993)

Opinion

October 4, 1993

Appeal from the Supreme Court, Suffolk County (Brown, J.).


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

It is well settled that negligence cases do not generally lend themselves to resolution by summary judgment (see, Ugarriza v Schemieder, 46 N.Y.2d 471; Chahales v. Garber, 195 A.D.2d 585), and determinations as to credibility should be left for trial. In this case, we find that the court erred in granting the respondents' motion for summary judgment, as there were triable issues of fact (see, Kosan v. County of Westchester, 162 A.D.2d 592). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Greenberg v. Green

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 1993
197 A.D.2d 502 (N.Y. App. Div. 1993)
Case details for

Greenberg v. Green

Case Details

Full title:MARILYN GREENBERG et al., Appellants, v. POWELL S. GREEN et al.…

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

Date published: Oct 4, 1993

Citations

197 A.D.2d 502 (N.Y. App. Div. 1993)
604 N.Y.S.2d 743

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