Schneider v. Elvin

Motion for summary judgment in an action for personal injuries denied. Issues of fact exist which cannot he resolved without a trial.

On a motion for summary judgment the testimony of the nonmoving party is accepted as true. Here, the defendant claims in his affidavit that the plaintiff Gravee C. Tyree brought *128her vehicle to a sudden and abrupt stop before reaching the intersection of Peninsula Boulevard and Henry Street in Hemp-stead, N. Y., on October 18, 1958 about 6:00 p.m., and that he applied his brakes, but a collision with the rear of the plaintiffs ’ oar resulted. In the excerpt of…