Appellate Division of the Supreme Court of New York, 1995

Newton v. Gross

Appellate Division of the Supreme Court of New York · Decided March 17, 1995

213 A.D.2d 1074; 625 N.Y.S.2d 987

Cases that cite this one

5 later published cases cite this decision.

HONER, REGINA v. MCCOMB, KELLY (Appellate Division of the Supreme Court of New York 2015)
Honer v. McComb (Appellate Division of the Supreme Court of New York 2015)
Honer v. McComb (Appellate Division of the Supreme Court of New York 2015)
Middleton v. Kenny (Appellate Division of the Supreme Court of New York 2001)
Hirsh v. Bert's Bikes & Sports, Inc. (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—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 *1075fact. 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 matters of credibility but merely to determine whether such issues exist” (Daliendo v Johnson, 147 AD2d 312, 317). (Appeal from Order of Supreme Court, Erie County, Gorski, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Balio and Davis, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.