Ugarriza v. Schmieder

OPINION OF THE COURT

Gabrielli, J.

The legal issue squarely presented is whether plaintiff in this automobile negligence action is entitled to summary judgment on the issue of liability, or whether there exist genuine and substantial triable issues of fact which serve to preclude summary judgment. Supreme Court, Suffolk County, granted plaintiff’s motion to strike defendants’ answer and set the case down for a hearing on the issue of damages only, stating that "there are no triable issues of fact”. A majority of the Appellate Division reversed and denied plaintiff’s motion, with one Justice…