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DANN v. MARTIN

52 A.D.2d 687 (1976)

Anson L. Dann, Jr., as Executor of Anson L. Dann, Deceased, Appellant, v. Joyce M. Martin et al., Respondents

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

April 22, 1976

Our courts have been reluctant to grant summary judgment in negligence actions. Actions in negligence do not readily lend themselves to disposition under the summary judgment rule. (Hajder v G. & G. Moderns, 13 A.D.2d 651.) In this case, our hesitancy is reinforced by the inadequacy of the record before us. On the question of liability the motion was based entirely on an affidavit of the defendant, Joyce M. Martin. She averred...

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