Bryan v. 250 Church Associates

Appellate Division of the Supreme Court of New York

Bryan v. 250 Church Associates

60 A.D.3d 578, 876 N.Y.S.2d 38

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

DecidedMarch 31, 2009

StatusPublished

Cited by2 cases

This text of 60 A.D.3d 578 (Bryan v. 250 Church Associates) 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

Bryan v. 250 Church Associates, 60 A.D.3d 578, 876 N.Y.S.2d 38 (N.Y. Ct. App. 2009).

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Opinion

— Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered July 14, 2008, which, insofar as appealed from, denied defendant Mayco Building Services, Inc.’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s argument in support of its motion is that there is no evidence that it was negligent. However, defendant “cannot obtain summary judgment by pointing to gaps in plaintiff[’s] proof’ (Torres v Industrial Container, 305 AD2d 136 [2003]). It must tender evidence that it was not negligent (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Greenidge v HRH Constr. Corp., 279 AD2d 400, 402 [2001]). Concur— Gonzalez, P.J., Tom, Sweeny, Catterson and Renwick, JJ.

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— Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered July 14, 2008, which, insofar as appealed from, denied defendant Mayco Building Services, Inc.’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s argument in support of its motion is that there is no evidence that it was negligent. However, defendant “cannot obtain summary judgment by pointing to gaps in plaintiff[’s] proof’ (Torres v Industrial Container, 305 AD2d 136 [2003]). It must tender evidence that it was not negligent (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Greenidge v HRH Constr. Corp., 279 AD2d 400, 402 [2001]). Concur— Gonzalez, P.J., Tom, Sweeny, Catterson and Renwick, JJ.

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Bluebook (online)

60 A.D.3d 578, 876 N.Y.S.2d 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-250-church-associates-nyappdiv-2009.

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