Legal Opinion
Phelan v. Houghton
New York Supreme Court
Decided March 31, 1959PublishedCited by 4 opinions
1Opinion of the CourtHenry J. Latham, J.
In this negligence action for personal injuries and loss of services, plaintiffs move for summary judgment pursuant to new rule 113 of the Rules of Civil Practice, effective March 1, 1959.
With an eye to the crowded calendar conditions in this State, the Appellate Division of the Supreme Court in the four departments extended the right to seek summary judgment to ‘ any party ’ ’ and ‘ ‘ in any action ’ ’ except matrimonial actions where the right so to move is limited.
Plaintiffs’ motion is based on affidavits of the injured plaintiff and his attorney, supported by the pleadings, a transcript…
2Cases cited10 opinions
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Reed v. . McCordNew York Court of Appeals · 1899
- Barrett v. JacobsNew York Court of Appeals · 1931
- Lahr v. TirrillNew York Court of Appeals · 1937
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3Cited by4 opinions
- Schwartz v. Sar Corp.New York Supreme Court · 1959
- Stanley v. BurnsideNew York Supreme Court · 1959
- Donahue v. RomahnAppellate Division of the Supreme Court of the State of New York · 1960
- Phelan v. HoughtonAppellate Division of the Supreme Court of the State of New York · 1959