Colosimo v. Rosenstock

• Decision Date: 15 January 1962
• Citation: 223 N.Y.S.2d 736,15 A.D.2d 663
• Parties: Michael J. COLOSIMO, Respondent, v. Mildred ROSENSTOCK and Economy Register Co., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 736

223 N.Y.S.2d 736

15 A.D.2d 663

Michael J. COLOSIMO, Respondent, v. Mildred ROSENSTOCK and Economy Register Co., Appellants.

Supreme Court, Appellate Division, Second Department.

Jan. 15, 1962.

Nicholson & Dunn, Hempstead, for appellant; Robert E. Dunn, Hempstead, of counsel.

Rubin & Rubin, New Rochelle, for respondent; Irving A. Rubin, Hempstead, of counsel.

Before BELDOCK, P. J., and UGHETTA, HILL, RABIN and HOSPKINS, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for injury to person and property, alleged to have been sustained by reason of a motor vehicle, owned by defendant Economy Register Co. and operated by defendant Rosenstock, striking the rear of plaintiff's automobile when it stopped in obedience to a direction of a police officer controlling traffic, defendants appeal from an order of the City Court of New Rochelle, dated May 16, 1961, granting plaintiff's motion for summary judgment and directing an assessment of damages.

Order reversed, without costs; and motion for summary judgment denied.

In our opinion, the record presents triable issues of fact which may not be resolved upon a motion for summary judgment. (Seman v. Harran, 15 A.D.2d 506 [2d Dept.], Dec. 4, 1961; Mapp v. Kipperman, 12 A.D.2d 958, 214 N.Y.S.2d 266; Block v. Acerra, 12 A.D.2d 525, 207 N.Y.S.2d 845; Mandell v. Field, 11 A.D.2d 1074, 207 N.Y.S.2d 48.)