· 12/15/1895
Noyac Cottage Ass'n v. Whiteside
Citations
- 98 N.Y. Sup. Ct. 641
- 70 N.Y. St. Rep. 906
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a prior appeal from an order entering summary judgment only with respect to the issue of serious impairment was quashed as interlocutory
- holding that, in order to withstand a motion for summary judgment, a non- -6- J-A19017-24 moving party must adduce sufficient evidence on an issue essential to his case and on which he bears the burden of proof such that a jury could return a verdict in his favor
- threshold determination of whether plaintiff suffered serious impairment of body function should be made by jury in all but clearest cases
- where a plaintiff failed to establish a cause of action, the constitutional right to a jury trial is not violated when the plaintiffs suit was dismissed
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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