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SCHNEIDER v. ELVIN

22 Misc.2d 127 (1960)

Sophie Schneider et al., Plaintiffs, v. George Elvin et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 8, 1960.

Attorney(s) appearing for the Case

Morris Alfred Vogel for plaintiffs.

Casper B. Ughetta for defendants.

MARIO PITTONI, J.

Motion for summary judgment in an action for personal injuries denied. Issues of fact exist which cannot be 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 Grayce C. Tyree brought her vehicle to a sudden and abrupt stop before reaching the intersection...

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