NEWTON v. GROSS


213 A.D.2d 1074 (1995)

625 N.Y.S.2d 987

Dawn M. Newton et al., Respondents, v. Brian H. Gross, Defendant, and James J. Jakubiak et al., Appellants

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

March 17, 1995


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied summary judgment to defendants James J. Jakubiak, D.L. Peterson Trust and BASF Corporation. The conflicting opinions of the experts present issues of credibility to be determined by the trier of fact. It is well settled that on a motion for summary judgment "the burden on the court * * * is not to resolve issues of fact or determine...

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