Carpenter v. 149 Edison Street, Inc.

Appellate Division of the Supreme Court of New York

Carpenter v. 149 Edison Street, Inc.

261 A.D.2d 899, 689 N.Y.S.2d 911, 1999 N.Y. App. Div. LEXIS 4950

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

DecidedMay 7, 1999

StatusPublished

This text of 261 A.D.2d 899 (Carpenter v. 149 Edison Street, 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.

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Carpenter v. 149 Edison Street, Inc., 261 A.D.2d 899, 689 N.Y.S.2d 911, 1999 N.Y. App. Div. LEXIS 4950 (N.Y. Ct. App. 1999).

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Opinion

—Order insofar as appealed from unanimously reversed on the law without costs, motion denied and negligence cause of action and Labor Law § 200 claim reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the negligence cause of action and Labor Law § 200 claim. In support of the motion, defendant submitted only the affirmation of its attorney, which is not sufficient to establish defendant’s entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ

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—Order insofar as appealed from unanimously reversed on the law without costs, motion denied and negligence cause of action and Labor Law § 200 claim reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the negligence cause of action and Labor Law § 200 claim. In support of the motion, defendant submitted only the affirmation of its attorney, which is not sufficient to establish defendant’s entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ

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Bluebook (online)

261 A.D.2d 899, 689 N.Y.S.2d 911, 1999 N.Y. App. Div. LEXIS 4950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-149-edison-street-inc-nyappdiv-1999.

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