From Casetext: Smarter Legal Research

Zilm v. Koch

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1995
211 A.D.2d 675 (N.Y. App. Div. 1995)

Opinion

January 17, 1995

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant's cross motion for summary judgment was properly denied, as he failed to establish his entitlement to judgment in his favor as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557). We agree with the Supreme Court that the pleadings present credibility issues which should not be resolved on a motion for summary judgment (see, Krupp v. Aetna Life Cas. Co., 103 A.D.2d 252, 262). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.


Summaries of

Zilm v. Koch

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1995
211 A.D.2d 675 (N.Y. App. Div. 1995)
Case details for

Zilm v. Koch

Case Details

Full title:JOANNE ZILM, Respondent, v. PATRICIAL KOCH et al., Defendants, and HOWARD…

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

Date published: Jan 17, 1995

Citations

211 A.D.2d 675 (N.Y. App. Div. 1995)
622 N.Y.S.2d 459

Citing Cases

Freeman Lumber Co. v. A.C. Dutton Lumber Corp.

Ordered that the order is modified, on the law, by deleting therefrom the provision adhering to that portion…