From Casetext: Smarter Legal Research

Wiseman v. Knaus

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1965
24 A.D.2d 869 (N.Y. App. Div. 1965)

Summary

In Wiseman, the defendant appealed from an order of Special Term which had granted the plaintiffs' motion for summary judgment on both causes of action alleged in the complaint in that case.

Summary of this case from Hutter v. Levitt Sons, Incorporated

Opinion

November 1, 1965


In an action by a husband to recover damages for personal injuries sustained as the result of the negligent operation of a motor vehicle, and by his wife for loss of services and consortium, the defendant appeals from an order of the Supreme Court, Kings County, entered April 5, 1965, which granted plaintiffs' motion for summary judgment and directed an assessment of damages. As to the plaintiff wife, order reversed, without costs; her purported cause of action is severed and summary judgment in favor of the defendant, dismissing said cause of action, granted, without costs. As to the plaintiff husband, order reversed, without costs, and motion denied. In our opinion, as to the plaintiff husband's cause of action, the record presents issues of fact which may not be resolved upon a motion for summary judgment. With respect to the female plaintiff, it is well settled that she has no action for loss of consortium ( Kronenbitter v. Washburn Wire Co., 4 N.Y.2d 524). Accordingly, as to her, the defendant is entitled to summary judgment in his favor even in the absence of a cross motion for such relief (CPLR 3212, subd. [b]). Beldock, P.J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.


Summaries of

Wiseman v. Knaus

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1965
24 A.D.2d 869 (N.Y. App. Div. 1965)

In Wiseman, the defendant appealed from an order of Special Term which had granted the plaintiffs' motion for summary judgment on both causes of action alleged in the complaint in that case.

Summary of this case from Hutter v. Levitt Sons, Incorporated
Case details for

Wiseman v. Knaus

Case Details

Full title:RUDOLPH WISEMAN et al., Respondents, v. JOHN KNAUS, Appellant

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

Date published: Nov 1, 1965

Citations

24 A.D.2d 869 (N.Y. App. Div. 1965)

Citing Cases

Zaldin v. Concord Hotel

The Zaldins did not join in the plaintiffs' motion for summary judgment. The hotel did not cross-move for…

State of N Y v. Rutkowski

This court is empowered by CPLR 3212 (subd [b]) on a summary judgment motion by plaintiffs to grant summary…