Legal Opinion

Powell v. Trans-Auto Systems, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1969PublishedCited by 15 opinions

1Opinion of the Court

Order of the Supreme Court, Dutchess County, dated June 12, 1968, affirmed, without costs. This third motion by plaintiff for summary judgment was properly denied. The practice of making successive motions for summary judgment, each based upon new factual assertions and proofs which were available to the movant from the outset, is to be discouraged (cf. Levitz v. Robbins Music Corp., 17 A D 2d 801). In any event, there are present issues of fact as to plaintiff’s contributory negligence. Christ, Acting P. J., Brennan, Rabin, Benjamin and Martuseello, JJ., concur.

2Cited by15 opinions

  1. Marine Midland Bank v. FisherAppellate Division of the Supreme Court of the State of New York · 1981
  2. McIvor v. Di BenedettoAppellate Division of the Supreme Court of the State of New York · 1986
  3. Rose v. La JouxAppellate Division of the Supreme Court of the State of New York · 1983
  4. Vinar v. LitmanAppellate Division of the Supreme Court of the State of New York · 2013
  5. Abramoff v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1975

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