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CRUSE v. PEPSICO TRUCK RENTAL, INC.

61 A.D.2d 1022 (1978)

O. Josephine Cruse, Individually and as Administratrix of The Estate of Douglas Cruse, Deceased, Appellant, v. Pepsico Truck Rental, Inc., et al., Respondents

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

March 20, 1978

Order affirmed, with $50 costs and disbursements.

The contention of the appellant that the credibility of witnesses may be weighed on a motion for summary judgment is not the law. There are, in this automobile negligence case, disputed issues of fact which may not be determined on a motion for summary...

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