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Plaza v. Chu & Son, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1032 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Appeal from the Supreme Court, Kings County, Vaccaro, J.

Present — Pine, J.P., Fallon, Callahan, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendants for summary judgment. "Since summary judgment is the procedural equivalent of a trial, if there is any doubt as to the existence of a triable issue or where the material issue of fact is `arguable,' summary judgment must be denied" ( Museums at Stony Brook v. Village of Patchogue Fire Dept., 146 A.D.2d 572, 573). Based on our review of the record, we conclude that there are material issues of fact that cannot be resolved on this record, including whether the sidewalk abutting defendants' land was used as a driveway ( see, Museums at Stony Brook v. Village of Patchogue Fire Dept., supra).


Summaries of

Plaza v. Chu & Son, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1032 (N.Y. App. Div. 1996)
Case details for

Plaza v. Chu & Son, Inc.

Case Details

Full title:JUAN PLAZA, an Infant, by His Mother and Natural Guardian, NANCY DELACRUZ…

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

Date published: Jul 12, 1996

Citations

229 A.D.2d 1032 (N.Y. App. Div. 1996)
646 N.Y.S.2d 463