Guigliano v. Basirico

CourtNew York Supreme Court Appellate Division
Citation308 N.Y.S.2d 815,33 A.D.2d 1045
PartiesPasquale GUIGLIANO et al., Respondents, v. Steven B. BASIRICO et al., Appellants, et al., Defendant.
Decision Date25 February 1970

Page 815

308 N.Y.S.2d 815
33 A.D.2d 1045
Pasquale GUIGLIANO et al., Respondents,
v.
Steven B. BASIRICO et al., Appellants, et al., Defendant.
Supreme Court, Appellate Division, Second Department.
Feb. 25, 1970.

Page 816

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 denying the motion as to defendants Basirico; and action severed so as to permit prosecution against appellants separately. As so modified, order affirmed, with $10 costs and disbursements to appellants against plaintiffs.

In our opinion, the record presents triable issues of fact which may not be resolved upon a motion for summary judgment (Adler v. Smalley, 14 A.D.2d 790; Frintzilas v. Scrivanos, 13 A.D.2d 981, 216 N.Y.S.2d 728).

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2 practice notes
  • Andre v. Pomeroy
    • United States
    • United States Court of Appeals (New York)
    • November 21, 1974
    ...of issues of fact, have regularly denied summary judgment relief in rear-end collision Page 135 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
    • United States State Supreme Court (New York)
    • 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 ......
2 cases
  • Andre v. Pomeroy
    • United States
    • United States Court of Appeals (New York)
    • November 21, 1974
    ...of issues of fact, have regularly denied summary judgment relief in rear-end collision Page 135 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
    • United States State Supreme Court (New York)
    • 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 ......

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