Ruppert v. Building Materials Dist., Inc.

Full title: ADOLF RUPPERT, Appellant, v. BUILDING MATERIALS DIST., INC., Respondent

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

Date published: Feb 18, 1960

10 A.D.2d 621 (N.Y. App. Div. 1960)

Opinion

February 18, 1960

Order denying plaintiff's motion for summary judgment unanimously affirmed, with $20 costs and disbursements to defendant-respondent. Issues of fact are raised with respect to whether the plaintiff sustained any injuries as a result of the alleged accident. Consequently the court does not reach the question whether issues of liability otherwise satisfy the rule in Di Sabato v. Soffes ( 9 A.D.2d 297).

Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Stevens, JJ.