Barnes-Payne v. Jewish Child Care Ass'n

Appellate Division of the Supreme Court of New York

Barnes-Payne v. Jewish Child Care Ass'n

105 A.D.3d 984, 963 N.Y.S.2d 596

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

DecidedApril 24, 2013

StatusPublished

This text of 105 A.D.3d 984 (Barnes-Payne v. Jewish Child Care Ass'n) 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

Barnes-Payne v. Jewish Child Care Ass'n, 105 A.D.3d 984, 963 N.Y.S.2d 596 (N.Y. Ct. App. 2013).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated February 22, 2012, which denied its motion for summary judgment dismissing the complaint.

[985]*985Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, its entitlement to judgment as a matter of law. We note that the defendant failed to address all of the issues raised in the bill of particulars.

The defendant’s remaining contentions are without merit.

Accordingly, the Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint without regard to the sufficiency of the plaintiffs’ opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

Dillon, J.E, Balkin, Austin and Sgroi, JJ., concur.

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