Legal Opinion
Schneider v. Miecznikowski
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1962PublishedCited by 6 opinions
1Per curiam
This case again illustrates the fact that rule 113 of the Rules of Civil Practice may not properly be invoked in *178automobile accident cases, except in rare instances. It is clear from the record that, if the facts now presented in affidavit form and in the form of an examination before trial of the parties, were presented to a court and jury in regular course upon a trial, the court would not be justified in directing a verdict in favor of the plaintiff but would be required to submit the case to the jury for its determination. In such circumstances, summary judgment may not be granted.
It…
2Cases cited5 opinions
- Bassett v. . FishNew York Court of Appeals · 1878
- Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Sommerich v. MillerNew York Court of Appeals · 1944
- Young v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1901
3Cited by6 opinions
- Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Merced v. Auto Pak Co.Court of Appeals for the Second Circuit · 1976
- Zellman v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- Felix Merced and Modesta Merced v. Auto Pak Co., Inc., S & C Liquidating Corp., Auto Pak Co., Inc., Third Party v. Southbridge Towers, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
- Zaepfel v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1977
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