Stanley v. Burnside

Full title: JAMES P. STANLEY et al., Respondents, v. RICHARD BURNSIDE, Appellant

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

Date published: Feb 29, 1960

10 A.D.2d 652 (N.Y. App. Div. 1960)

Opinion

February 29, 1960

In an action to recover damages for personal injuries, and for medical expenses and loss of services, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order affirmed, with one bill of $10 costs and disbursements. No opinion.

Beldock, Acting P.J., Kleinfeld, Christ and Brennan, JJ., concur; Ughetta, J., dissents and votes to reverse the order and to deny the motion, with the following memorandum:

Under all of the circumstances, it is my opinion that a question of fact is presented which should be determined on a trial. [ 20 Misc.2d 932.]