Frintzilas v. Scrivanos

• Decision Date: 12 June 1961
• Parties: Gustave FRINTZILAS, Respondent, v. George SCRIVANOS and Christopher Scrivanos, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 728

216 N.Y.S.2d 728

13 A.D.2d 981

Gustave FRINTZILAS, Respondent, v. George SCRIVANOS and Christopher Scrivanos, Appellants.

Supreme Court, Appellate Division, Second Department.

June 12, 1961.

Raymond J. MacDonnell, New York City, for appellant; Philip Hoffer, New York City, of counsel.

Halpern & Rothman, New York City, for respondent; Gerald P. Halpern, New York City, of counsel.

Before BELDOCK, Acting P. J., and UGHETTA, KLEINFELD, CHRIST and PETTE, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County, dated January 18, 1961, granting plaintiff's motion for summary judgment (Rules of Civil Practice, rule 113).

Order reversed, without costs, and motion denied.

In our opinion, there are issues of fact which must await trial.