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Bassi v. Cole

18 A.D.2d 807 Court N.Y. App. Div. Decision date 1963-01-07 English

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p. 807
(January 7, 1963)
Robert J. Bassi et al., Respondents, v. Frank H. Cole et al., Appellants.

In a negligence action to recover damages for injury to person and property, resulting from a rear-end automobile collision, defendants appeal from an order of the Supreme Court, Kings County, dated March 21, 1961, which granted plaintiffs’ motion for summary judgment. Order reversed, without costs, and motion denied. In our opinion, the record presents triable issues which may not be determined summarily without a trial. Ughetta, Acting P. J., Kleinfeld, Hill, Rabin and Hopkins, JJ., concur.