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Simon v. Appelbaum

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1959
9 A.D.2d 695 (N.Y. App. Div. 1959)

Opinion

October 26, 1959

Present — Nolan, P.J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.


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 so much of an order as granted a motion for summary judgment striking out appellant's answer. Order modified (1) by striking from the first ordering paragraph everything commencing with the word "granted" and by substituting therefor the words "denied, and it is further" and (2) by striking from said order everything following the words "Theodore Appelbaum" in the second ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant. The papers present triable issues which may not be resolved upon a motion for summary judgment.


Summaries of

Simon v. Appelbaum

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1959
9 A.D.2d 695 (N.Y. App. Div. 1959)
Case details for

Simon v. Appelbaum

Case Details

Full title:MAX SIMON, Respondent, v. LEAH APPELBAUM, Appellant, et al., Defendant

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

Date published: Oct 26, 1959

Citations

9 A.D.2d 695 (N.Y. App. Div. 1959)

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