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Cruse v. Pepsico Truck Rental, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1978
61 A.D.2d 1022 (N.Y. App. Div. 1978)

Opinion

March 20, 1978


In a consolidated action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from an order of the Supreme Court, Kings County, dated January 13, 1977, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. The contention of the appellant that the credibility of witnesses may be weighed on a motion for summary judgment is not the law. There are, in this automobile negligence case, disputed issues of fact which may not be determined on a motion for summary judgment. Titone, J.P., Gulotta, Shapiro and Cohalan, JJ., concur.


Summaries of

Cruse v. Pepsico Truck Rental, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1978
61 A.D.2d 1022 (N.Y. App. Div. 1978)
Case details for

Cruse v. Pepsico Truck Rental, Inc.

Case Details

Full title:O. JOSEPHINE CRUSE, Individually and as Administratrix of the Estate of…

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

Date published: Mar 20, 1978

Citations

61 A.D.2d 1022 (N.Y. App. Div. 1978)

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