CONNELL v. BUITEKANT


17 A.D.2d 944 (1962)

Margaret Connell, Respondent, v. Michael L. Buitekant, Appellant

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

November 29, 1962


Order, entered on September 18, 1962, granting plaintiff summary judgment pursuant to rule 113 of the Rules of Civil Practice, in an action to recover damages for personal injuries sustained in a rear-end automobile collision, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs.

Issues of fact are raised as to whether defendant was negligent or whether the collision was unavoidable. That...

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