[DOWNLOAD] "Donald Shaffer Et Al." by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Donald Shaffer Et Al.
- Author : Supreme Court of New York
- Release Date : January 23, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Judgment and order affirmed, without costs. Memorandum: In opposing the motion for summary judgment, plaintiffs failed to establish by admissible evidence the existence of a factual issue, i.e., any "Serious injury" within the meaning of subdivision 4 of section 671 of the Insurance Law, requiring a trial, or to give an acceptable excuse for their failure to do so (Zuckerman v City of New York, 49 N.Y.2d 557; Marine Midland Bank v Hall, 74 A.D.2d 729). Even had the moving papers been in evidentiary form, they were insufficient to raise of fact (Simone v Steeben, 56 A.D.2d 237). All concur, except Callahan, J., who dissents and votes to reverse and deny the motion, in the following memorandum.
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