(Download) "Wayne L. Dutton v. City Olean" by Court of Appeals of New York # Book PDF Kindle ePub Free

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Title: Wayne L. Dutton v. City Olean
Author : Court of Appeals of New York
Release Date : January 01, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

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Fuchsberg, J. (dissenting). Because this case well illustrates why summary judgment most often is inappropriate to the determination of questions of negligence (see Ugarriza v Schmieder, 46 N.Y.2d 471; Andre v Pomeroy, 35 N.Y.2d 361; Gerard v Inglese, 11 A.D.2d 381), because here discovery was not complete, because of the unusual pattern of facts and circumstances that the plaintiff would be called upon to assemble and present in this case and because so many of the facts on which he was dependent to prove his case were within the control of the defendant, I believe Special Term