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State Farm Automobile Insurance Co. v. Ovola

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1994
209 A.D.2d 273 (N.Y. App. Div. 1994)

Opinion

November 15, 1994

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Neither third-party defendant nor plaintiff was entitled to summary judgment here, where each failed in meeting the burden to establish the absence of material issues of fact (see, Gibson v American Export Isbrandtsen Lines, 125 A.D.2d 65, 74; Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). The record indicates that material issues of fact exist, such as whether the third-party defendant was responsible in any way for causing the collision or collisions, and precisely how and by whom the injuries to plaintiff's insured were caused and in what proportions, if determinable. Moreover, it was error to determine issues, on the motion and cross-motion, instead of merely identifying them (see, Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404).

Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.


Summaries of

State Farm Automobile Insurance Co. v. Ovola

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1994
209 A.D.2d 273 (N.Y. App. Div. 1994)
Case details for

State Farm Automobile Insurance Co. v. Ovola

Case Details

Full title:STATE FARM AUTOMOBILE INSURANCE COMPANY, Respondent, v. JOSE OVOLA…

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

Date published: Nov 15, 1994

Citations

209 A.D.2d 273 (N.Y. App. Div. 1994)
619 N.Y.S.2d 536

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