Appellate Division of the Supreme Court of New York, 1968

Vincent v. Yonkers Transit Corp.

Vincent v. Yonkers Transit Corp.
Appellate Division of the Supreme Court of New York · Decided April 22, 1968
29 A.D.2d 987; 290 N.Y.S.2d 875; 1968 N.Y. App. Div. LEXIS 4212
Vincent v. Yonkers Transit Corp.

Opinion of the Court

Order and judgment (one paper) of Supreme Court, Westchester *988County, dated September 8, 1967 affirmed, with $10 costs and disbursements. The affidavit in opposition fails to reveal any facts sufficient to raise a triable issue. Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Martuscello, J., dissent and vote to reverse the order and judgment and to deny the motion for summary judgment on the ground that the affidavits raise a triable issue of fact.

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