(DOWNLOAD) "Magaly Ugarriza v. Glenn R. Schmieder Et Al." by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Magaly Ugarriza v. Glenn R. Schmieder Et Al.
- Author : Court of Appeals of New York
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The legal issue squarely presented is whether plaintiff in this automobile negligence action is entitled to summary judgment on the issue of liability, or whether there exist genuine and substantial triable issues of fact which serve to preclude summary judgment. Supreme Court, Suffolk County, granted plaintiffs motion to strike defendants answer and set the case down for a hearing on the issue of damages only, stating that "there are no triable issues of fact". A majority of the Appellate Division reversed and denied plaintiffs motion, with one Justice dissenting. Plaintiff now appeals from that non-final order, pursuant to leave granted by that court, which certified the following question: "Was the order of this court, dated March 13, 1978, properly made?" For the reasons discussed below, the order appealed from should be affirmed and the certified question answered in the affirmative.
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