Eggers v. Beechwood Avenue Corp.

Appellate Division of the Supreme Court of New York

Eggers v. Beechwood Avenue Corp.

105 A.D.2d 725, 481 N.Y.S.2d 395, 1984 N.Y. App. Div. LEXIS 20840

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

DecidedNovember 13, 1984

StatusPublished

This text of 105 A.D.2d 725 (Eggers v. Beechwood Avenue Corp.) 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

Eggers v. Beechwood Avenue Corp., 105 A.D.2d 725, 481 N.Y.S.2d 395, 1984 N.Y. App. Div. LEXIS 20840 (N.Y. Ct. App. 1984).

Pincite

Opinion

In an action, inter alia, to recover damages for wrongful death, defendant County of Westchester appeals from an order of the Supreme Court, Westchester County (Palella, J.), entered May 4, 1984, which denied its motion for summary judgment dismissing the complaint and cross claims insofar as they are asserted against it.

[726]*726Order reversed, on the law, without costs or disbursements, motion granted, complaint and cross claims dismissed insofar as they are asserted against defendant County of Westchester, and the action against it is severed.

As it appears that the site upon which the accident occurred was not owned, controlled or maintained by appellant, the motion for summary judgment should have been granted (Flynn v City of New York, 13 AD2d 237, affd 10 NY2d 930). Weinstein, J. P., Brown, Boyers and Eiber, JJ., concur.

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

In an action, inter alia, to recover damages for wrongful death, defendant County of Westchester appeals from an order of the Supreme Court, Westchester County (Palella, J.), entered May 4, 1984, which denied its motion for summary judgment dismissing the complaint and cross claims insofar as they are asserted against it.

[726]*726Order reversed, on the law, without costs or disbursements, motion granted, complaint and cross claims dismissed insofar as they are asserted against defendant County of Westchester, and the action against it is severed.

As it appears that the site upon which the accident occurred was not owned, controlled or maintained by appellant, the motion for summary judgment should have been granted (Flynn v City of New York, 13 AD2d 237, affd 10 NY2d 930). Weinstein, J. P., Brown, Boyers and Eiber, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

105 A.D.2d 725, 481 N.Y.S.2d 395, 1984 N.Y. App. Div. LEXIS 20840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eggers-v-beechwood-avenue-corp-nyappdiv-1984.

Opinion

Related

Cite This Page — Counsel Stack