MARKOWITZ v. KLEINMAN


22 Misc.2d 565 (1959)

Joseph Markowitz, Plaintiff, v. Morris Kleinman, Defendant.

Supreme Court, Special Term, Queens County.

July 9, 1959.


Attorney(s) appearing for the Case

Gentry, Dachs & Shayne for plaintiff.

Emanuel Morgenbesser for defendant.


J. IRWIN SHAPIRO, J.

Motion by plaintiff for summary judgment in an action to recover damages for personal injuries.

While the summary judgment rule, which has now been broadened to include negligence actions, should be liberally construed to effect the purposes intended by such broadening, a defendant still has a constitutional right to a trial no matter how overwhelming the proof in favor of the plaintiff may appear to be if there is any...

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