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Peploe v. Gilmartin

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1960
10 A.D.2d 734 (N.Y. App. Div. 1960)

Opinion

March 28, 1960


In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order affirmed, with $10 costs and disbursements (see, e.g., Di Sabato v. Soffes, 9 A.D.2d 297). Nolan, P.J., Ughetta, Pette and Brennan, JJ., concur; Kleinfeld, J., dissents and votes to reverse the order and to deny the motion upon the ground that the record presents an issue of fact which should be determined after a plenary trial.


Summaries of

Peploe v. Gilmartin

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1960
10 A.D.2d 734 (N.Y. App. Div. 1960)
Case details for

Peploe v. Gilmartin

Case Details

Full title:JOHN W. PEPLOE, Respondent, v. LESLIE H. GILMARTIN, Appellant

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

Date published: Mar 28, 1960

Citations

10 A.D.2d 734 (N.Y. App. Div. 1960)