Ayres v. Town of Monroe

Appellate Division of the Supreme Court of New York

Ayres v. Town of Monroe

169 A.D.2d 876, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 38

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

DecidedJanuary 3, 1991

StatusPublished

This text of 169 A.D.2d 876 (Ayres v. Town of Monroe) 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

Ayres v. Town of Monroe, 169 A.D.2d 876, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 38 (N.Y. Ct. App. 1991).

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Opinion

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Hickman, J.), entered March 8, 1990 in Orange County, which, upon reargument, denied defendant Joseph Tortoriello’s motion for summary judgment dismissing the complaint against him.

Plaintiffs’ assertions in opposition to the motion for summary judgment were sufficient to raise questions of fact as to whether the excavation work of defendant Joseph Tortoriello at the site of the accident took place before or after the accident occurred (see, Bershaw v Altman, 100 AD2d 642). Therefore, Supreme Court’s denial of Tortoriello’s motion for summary judgment was in all respects proper. Tortoriello’s remaining contentions have been considered and found to be without merit.

Order affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Hickman, J.), entered March 8, 1990 in Orange County, which, upon reargument, denied defendant Joseph Tortoriello’s motion for summary judgment dismissing the complaint against him.

Plaintiffs’ assertions in opposition to the motion for summary judgment were sufficient to raise questions of fact as to whether the excavation work of defendant Joseph Tortoriello at the site of the accident took place before or after the accident occurred (see, Bershaw v Altman, 100 AD2d 642). Therefore, Supreme Court’s denial of Tortoriello’s motion for summary judgment was in all respects proper. Tortoriello’s remaining contentions have been considered and found to be without merit.

Order affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Bluebook (online)

169 A.D.2d 876, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayres-v-town-of-monroe-nyappdiv-1991.

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