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Nagel v. Nagel

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 679 (N.Y. App. Div. 2000)

Opinion

Argued September 25, 2000

October 23, 2000.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated February 24, 2000, which, inter alia, granted the plaintiffs' motion for partial summary judgment on the issue of liability.

Mead, Hecht, Conklin Gallagher, LLP, White Plains, N Y (Elizabeth M. Hecht and Sara Luca Salvi of counsel), for appellant.

Harry I. Katz, P.C., New York, N.Y. (Paul F. McAloon of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.


DECISION ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion; as so modified, the order is affirmed, with costs to the defendant.

The Supreme Court erred in granting the plaintiffs' motion for partial summary judgment on the issue of liability since there are questions of fact as to whether the defendant was negligent (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Coogan v. Ed's Bargain Buggy Corp., 262 A.D.2d 596).

The defendant's remaining contentions are without merit.


Summaries of

Nagel v. Nagel

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 679 (N.Y. App. Div. 2000)
Case details for

Nagel v. Nagel

Case Details

Full title:JOSHUA NAGEL, ET AL., RESPONDENTS, v. ISAAC NAGEL, APPELLANT

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

Date published: Oct 23, 2000

Citations

276 A.D.2d 679 (N.Y. App. Div. 2000)
716 N.Y.S.2d 316