BROOKLYN EASTERN DIST. TERMINAL v. PHOENIX OF HARTFORD INS. CO.


26 A.D.2d 627 (1966)

Brooklyn Eastern District Terminal, Respondent, v. Phoenix of Hartford Insurance Company, Appellant

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

July 5, 1966


Order reversed, and motion granted, with $10 costs and disbursements.

In our opinion, the documents offered by plaintiff in opposition to the motion for summary judgment were insufficient to show the existence of an issue of fact (CPLR 3212, subd. [b]). The question remains, however, whether defendant was entitled to the summary relief sought, i.e., whether the accident giving rise to the personal injury action (which action in turn precipitated the instant ligitation...

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