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Guigliano v. Basirico

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1970
33 A.D.2d 1045 (N.Y. App. Div. 1970)

Opinion

February 25, 1970


In a negligence action to recover damages for personal injuries, medical expenses and loss of services, alleged to have been sustained by plaintiffs by reason of the negligent operation of appellants' motor vehicle in striking the rear of the automobile in which plaintiffs were riding, when the latter automobile was stopped at a red traffic signal, the appeal is by defendants Basirico from an order of the Supreme Court, Nassau County, dated April 23, 1969, which granted plaintiffs' motion for summary judgment in favor of plaintiffs against said defendants and in favor of defendant Roganti against plaintiffs. Order modified, on the law, by limiting the granting of the motion so as to award summary judgment to defendant Roganti only, and denying the motion as to defendants Basirico; and action severed so as to permit prosecution against appellants separately. As so modified, order affirmed, with $10 costs and disbursements to appellants against plaintiffs. In our opinion, the record presents triable issues of fact which may not be resolved upon a motion for summary judgment ( Adler v. Smalley, 14 A.D.2d 790; Frintzilas v. Scrivanos, 13 A.D.2d 981). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.


Summaries of

Guigliano v. Basirico

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1970
33 A.D.2d 1045 (N.Y. App. Div. 1970)
Case details for

Guigliano v. Basirico

Case Details

Full title:PASQUALE GUIGLIANO et al., Respondents, v. STEVEN B. BASIRICO et al.…

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

Date published: Feb 25, 1970

Citations

33 A.D.2d 1045 (N.Y. App. Div. 1970)

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