From Casetext: Smarter Legal Research

Lossing v. Dilemani

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1992
188 A.D.2d 423 (N.Y. App. Div. 1992)

Opinion

December 22, 1992

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).


The court properly denied plaintiffs' motion for summary judgment in view of the issues of credibility presented by the conflicting affidavits whether the accident was caused solely by the negligence of defendant Dilemani. Such issues must properly be left for the trier of fact.

Concur — Carro, J.P., Wallach, Asch and Kassal, JJ.


Summaries of

Lossing v. Dilemani

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1992
188 A.D.2d 423 (N.Y. App. Div. 1992)
Case details for

Lossing v. Dilemani

Case Details

Full title:RUSSELL LOSSING et al., Appellants, v. BEHROZ K. DILEMANI et al.…

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

Date published: Dec 22, 1992

Citations

188 A.D.2d 423 (N.Y. App. Div. 1992)
591 N.Y.S.2d 1011

Citing Cases

People v. Harris

Only items that are found in plain view during a proper protective sweep can be seized or used as the basis…