Guigliano v. Basirico

Decision Date25 February 1970
CitationGuigliano v. Basirico, 308 N.Y.S.2d 815, 33 A.D.2d 1045 (N.Y. App. Div. 1970)
PartiesPasquale GUIGLIANO et al., Respondents, v. Steven B. BASIRICO et al., Appellants, et al., Defendant.
CourtNew York Supreme Court — Appellate Division

Chamberlain, Hartig & Ross, New York City, by Mulholland & Minion, Trial Counsel, Hicksville, for defendants-appellants; John F. Mulholland, Hicksville, of counsel.

Lauritano, Schlacter & Feiring, New York City, for plaintiffs-respondents; Landes, Wingate & Shamis, Max Shamis, New York City, of counsel.

Before BRENNAN, Acting P.J., and RABIN, HOPKINS, BENJAMIN and MUNDER, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, medical expenses and loss of services, alleged to have been sustained by plaintiffs by reason of the negligent operation of appellants' motor vehicle in striking the rear of the automobile in which plaintiffs were riding, when the latter automobile was stopped at a red traffic signal, the appeal is by defendants Basirico from an order of the Supreme Court, Nassau County, dated April 23, 1969, which granted plaintiffs' motion for summary judgment in favor of plaintiffs against said defendants and in favor of defendant Roganti against plaintiffs.

Order modified, on the law, by limiting the granting of the motion so as to award summary judgment to defendant Roganti only, and...

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2 cases
  • Andre v. Pomeroy
    • United States
    • New York Court of Appeals Court of Appeals
    • November 21, 1974
    ...presence of issues of fact, have regularly denied summary judgment relief in rear-end collision cases (see, e.g., Guigliano v. Basirico, 33 A.D.2d 1045, 308 N.Y.S.2d 815; Bullard v. Graham, 33 A.D.2d 550, 304 N.Y.S.2d 492; Velten v. Kirkbridge, 20 A.D.2d 546, 245 N.Y.S.2d 428; Colosino v. R......
  • Gahagan Dredging Corp. v. Nassau County
    • United States
    • New York Supreme Court
    • February 28, 1972
    ...by a trial, summary judgment should not be granted. Werfel v. Zivnostenska Banka, 287 N.Y. 91, 38 N.E.2d 382; Guigliano v. Basirico, 33 A.D.2d 1045, 308 N.Y.S.2d 815; Theodore v. Hartford Accident and Indemnity Co., 60 Misc.2d 991, 304 N.Y.S.2d Defendant's motion for summary judgment is in ......