Hajder v. G & G. Moderns Inc.

CourtNew York Supreme Court Appellate Division
Writing for the CourtPER CURIAM
Citation13 A.D.2d 651,213 N.Y.S.2d 880
PartiesMayer HAJDER, Plaintiff-Respondent, v. G. & G. MODERNS, INC., Defendant-Appellant.
Decision Date25 April 1961

Page 880

213 N.Y.S.2d 880
13 A.D.2d 651
Mayer HAJDER, Plaintiff-Respondent,
v.
G. & G. MODERNS, INC., Defendant-Appellant.
Supreme Court, Appellate Division, First Department.
April 25, 1961.

A. Jogi, New York City, for defendant-appellant.

S. Rosenthal, New York City, for plaintiff-respondent.

Before BOTEIN, P. J., and BREITEL, RABIN, EAGER and BERGAN, JJ.

PER CURIAM.

Order, entered on November 22, 1960, granting plaintiff's motion, pursuant to Rule 113 of the Rules of Civil Practice, for summary judgment, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion by plaintiff for summary judgment denied, with $10 costs. Actions in negligence to recover for personal injuries do not readily lend themselves to disposition under the summary judgment rule. The question in such actions of whether or not the defendant was negligent is essentially one of fact (Gerard v. Inglese, 11 A.D.2d 381, 383, 206 N.Y.S.2d 879, 882), and,

Page 881

other than in exceptional cases, the issue may only be decided on a trial. Cf. Di Sabato v. Soffes, 9 A.D.2d 297, 193 N.Y.S.2d 184. Even though there may be no material dispute as to the speed and course of travel of an automobile preceding an accident, and as to the physical surroundings at the time of the accident, the question of whether or not the driver was at fault in what he did or failed to do is ordinarily one of fact, to be determined by a trier of the facts. See Gerard v. Inglese, supra. Upon the facts as set forth in the affidavits of the plaintiff and the driver of the defendant's vehicle, there exists a question of fact as to whether or not the driver, under all the circumstances, acted with reasonable care, and, therefore, the plaintiff's motion...

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12 practice notes
  • Andre v. Pomeroy
    • United States
    • New York Court of Appeals
    • November 21, 1974
    ...Commentary to CPLR 3212, C3212:8, McKinney's Consol. [35 N.Y.2d 366] Laws of N.Y., Book 7B, p. 430; see, also, Hajder v. G. & G. Moderns, 13 A.D.2d 651, 213 N.Y.S.2d 880; 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., par. 3212.03). The rule of course is especially applicable to automobile collisi......
  • Horowitz v. Kevah Konner, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • March 22, 1979
    ...law. Thus as a practical matter summary judgment continues to be a rare event in negligence cases" (See, also, Hajder v. G. & G. Moderns, 13 A.D.2d 651, 213 N.Y.S.2d 880 (1st Dept. 1961); 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., par. Plaintiff asserts that the transcript of the conversation ......
  • Mistretta v. SS Ocean Evelyn, No. 63-A-1224.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 24, 1964
    ...184, 196), negligence actions do not readily lend themselves to a summary disposition (Hajder v. G. & G. Moderns, Inc., 12 A.D.2d 651, 213 N.Y.S. 2d 880.)" Agreement between the parties as to the facts which leave to the court the drawing of the inference of negligence or its absence does n......
  • Carrillo v. Kreckel
    • United States
    • New York Supreme Court — Appellate Division
    • March 4, 1974
    ...actions normally raise many factual issues, they are not readily disposed of by summary judgment (Hajder v. G. and G. Moderns, Inc., 13 A.D.2d 651, 213 N.Y.S.2d 880). However, in cases such as this one, where the cause of the accident is undisputed, the question as to whether any act or omi......
  • Request a trial to view additional results
12 cases
  • Andre v. Pomeroy
    • United States
    • New York Court of Appeals
    • November 21, 1974
    ...Commentary to CPLR 3212, C3212:8, McKinney's Consol. [35 N.Y.2d 366] Laws of N.Y., Book 7B, p. 430; see, also, Hajder v. G. & G. Moderns, 13 A.D.2d 651, 213 N.Y.S.2d 880; 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., par. 3212.03). The rule of course is especially applicable to automobile collisi......
  • Horowitz v. Kevah Konner, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • March 22, 1979
    ...law. Thus as a practical matter summary judgment continues to be a rare event in negligence cases" (See, also, Hajder v. G. & G. Moderns, 13 A.D.2d 651, 213 N.Y.S.2d 880 (1st Dept. 1961); 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., par. Plaintiff asserts that the transcript of the conversation ......
  • Mistretta v. SS Ocean Evelyn, No. 63-A-1224.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 24, 1964
    ...184, 196), negligence actions do not readily lend themselves to a summary disposition (Hajder v. G. & G. Moderns, Inc., 12 A.D.2d 651, 213 N.Y.S. 2d 880.)" Agreement between the parties as to the facts which leave to the court the drawing of the inference of negligence or its absence does n......
  • Carrillo v. Kreckel
    • United States
    • New York Supreme Court — Appellate Division
    • March 4, 1974
    ...actions normally raise many factual issues, they are not readily disposed of by summary judgment (Hajder v. G. and G. Moderns, Inc., 13 A.D.2d 651, 213 N.Y.S.2d 880). However, in cases such as this one, where the cause of the accident is undisputed, the question as to whether any act or omi......
  • Request a trial to view additional results

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