Adorno v. John T. Adorno, Inc.

Appellate Division of the Supreme Court of New York

Adorno v. John T. Adorno, Inc.

54 A.D.3d 352, 861 N.Y.S.2d 949

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 12, 2008

StatusPublished

This text of 54 A.D.3d 352 (Adorno v. John T. Adorno, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adorno v. John T. Adorno, Inc., 54 A.D.3d 352, 861 N.Y.S.2d 949 (N.Y. Ct. App. 2008).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated September 28, 2007, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the complaint is denied.

In support of its motion, the defendant failed to demonstrate, prima facie, its entitlement to judgment as a matter of law. Accordingly, that branch of the motion which was for summary judgment dismissing the complaint should have been denied (see CPLR 3212). Skelos, J.P., Ritter, Florio and Garni, JJ., concur. [See 17 Misc 3d 680.]

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated September 28, 2007, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the complaint is denied.

In support of its motion, the defendant failed to demonstrate, prima facie, its entitlement to judgment as a matter of law. Accordingly, that branch of the motion which was for summary judgment dismissing the complaint should have been denied (see CPLR 3212). Skelos, J.P., Ritter, Florio and Garni, JJ., concur. [See 17 Misc 3d 680.]

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Bluebook (online)

54 A.D.3d 352, 861 N.Y.S.2d 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adorno-v-john-t-adorno-inc-nyappdiv-2008.

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