UGARRIZA v. SCHMIEDER


46 N.Y.2d 471 (1979)

Magaly Ugarriza, Appellant, v. Glenn R. Schmieder et al., Respondents.

Court of Appeals of the State of New York.

Decided February 13, 1979.


Attorney(s) appearing for the Case

Jack Weiss and Robert Topper for appellant.

John J. Brant, Stephen W. O'Leary and Robert Devine for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI.


GABRIELLI, J.

The legal issue squarely presented is whether plaintiff in this automobile negligence action is entitled to summary judgment on the issue of liability, or whether there exist genuine and substantial triable issues of fact which serve to preclude summary judgment. Supreme Court, Suffolk County, granted plaintiff's motion to strike defendants' answer and set the case down for a hearing on the issue...

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