COOPER v. GREYHOUND BUS CORP.


13 A.D.2d 173 (1961)

Edward Cooper, Jr., Respondent, v. Greyhound Bus Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 23, 1961.


Attorney(s) appearing for the Case

Cook & Cook (Francis X. Tucker and Vernon Murphy of counsel), for appellants.

Roy L. Featherstone for respondent.

COON, GIBSON, REYNOLDS and TAYLOR, JJ., concur.


BERGAN, P. J.

Although the summary judgment may offer expansive future opportunity to dispose of negligence in a mass of personal injury litigation falling into a common pattern where there is not much real question of responsibility, its usefulness under the present practice is sharply circumscribed.

When we read rule 113 of the Rules of Civil Practice the way it is now written it permits summary judgment only where the

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