Caserta v. County of Nassau

Appellate Division of the Supreme Court of New York

Caserta v. County of Nassau

144 A.D.2d 613, 535 N.Y.S.2d 537, 1988 N.Y. App. Div. LEXIS 12363

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

DecidedNovember 28, 1988

StatusPublished

This text of 144 A.D.2d 613 (Caserta v. County of Nassau) 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

Caserta v. County of Nassau, 144 A.D.2d 613, 535 N.Y.S.2d 537, 1988 N.Y. App. Div. LEXIS 12363 (N.Y. Ct. App. 1988).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant Town of Hempstead appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated April 6, 1987, which denied its motion for summary judgment dismissing the complaint as against it.

Ordered that the order is affirmed, without costs or disbursements.

We find that the Town of Hempstead failed to make a prima facie showing of an entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issues of fact from the case (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851). Accordingly, the town’s motion for summary judgment was properly denied. Lawrence, J. P., Spatt, Sullivan and Balletta, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the defendant Town of Hempstead appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated April 6, 1987, which denied its motion for summary judgment dismissing the complaint as against it.

Ordered that the order is affirmed, without costs or disbursements.

We find that the Town of Hempstead failed to make a prima facie showing of an entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issues of fact from the case (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851). Accordingly, the town’s motion for summary judgment was properly denied. Lawrence, J. P., Spatt, Sullivan and Balletta, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

144 A.D.2d 613, 535 N.Y.S.2d 537, 1988 N.Y. App. Div. LEXIS 12363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caserta-v-county-of-nassau-nyappdiv-1988.

Opinion

Related

Cite This Page — Counsel Stack