Barone v. Elizabeth Firehouse, LLC

Appellate Division of the Supreme Court of New York

Barone v. Elizabeth Firehouse, LLC

2017 NY Slip Op 4052, 150 A.D.3d 545, 52 N.Y.S.3d 225

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

DecidedMay 18, 2017

Docket4058 110404/10

StatusPublished

This text of 2017 NY Slip Op 4052 (Barone v. Elizabeth Firehouse, LLC) 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

Barone v. Elizabeth Firehouse, LLC, 2017 NY Slip Op 4052, 150 A.D.3d 545, 52 N.Y.S.3d 225 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered April 19, 2016, which granted defendants’ motions for summary judgment dismissing the wrongful death causes of action as against them, unanimously reversed, on the facts and the law, without costs, and the motions denied.

Defendants failed to establish their prima facie case. Defendants merely pointed out perceived gaps in plaintiff’s case (see Dabbagh v Newmark Knight Frank Global Mgt. Servs., LLC, 99 AD3d 448, 450 [1st Dept 2012]; Salgado v Port Auth. of N.Y. & N.J., 105 AD3d 417 [1st Dept 2013]).

Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered April 19, 2016, which granted defendants’ motions for summary judgment dismissing the wrongful death causes of action as against them, unanimously reversed, on the facts and the law, without costs, and the motions denied.

Defendants failed to establish their prima facie case. Defendants merely pointed out perceived gaps in plaintiff’s case (see Dabbagh v Newmark Knight Frank Global Mgt. Servs., LLC, 99 AD3d 448, 450 [1st Dept 2012]; Salgado v Port Auth. of N.Y. & N.J., 105 AD3d 417 [1st Dept 2013]).

Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 4052, 150 A.D.3d 545, 52 N.Y.S.3d 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barone-v-elizabeth-firehouse-llc-nyappdiv-2017.