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ROBERT C. VINCENT v. YONKERS TRANSIT CORPORATION (04/22/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.41340 <http://www.versuslaw.com>; 290 N.Y.S.2d 875; 29 A.D.2d 987 April 22, 1968 ROBERT C. VINCENT, RESPONDENT,v.YONKERS TRANSIT CORPORATION, APPELLANT 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.


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.

Order and judgment (one paper) of Supreme Court, Westchester County, 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.

19680422

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