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Vincent v. Yonkers Transit Corp.

29 A.D.2d 987 Court N.Y. App. Div. Decision date 1968-04-22 English

Contents

Majority

p. 987
Robert C. Vincent, Respondent, v. Yonkers Transit Corporation, Appellant.

Order and judgment (one paper) of Supreme Court, Westchester

p. 988
County, dated September 8, 1967 affirmed, with $10 costs and disbursements. The affidavit in opposition fails to reveal any facts sufficient to raise a triable issue. Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Martuscello, J., dissent and vote to reverse the order and judgment and to deny the motion for summary judgment on the ground that the affidavits raise a triable issue of fact.