Esposito v. Capuozzo

Appellate Division of the Supreme Court of New York

Esposito v. Capuozzo

269 A.D.2d 353, 702 N.Y.S.2d 572, 2000 N.Y. App. Div. LEXIS 1233

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

DecidedFebruary 7, 2000

StatusPublished

This text of 269 A.D.2d 353 (Esposito v. Capuozzo) 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

Esposito v. Capuozzo, 269 A.D.2d 353, 702 N.Y.S.2d 572, 2000 N.Y. App. Div. LEXIS 1233 (N.Y. Ct. App. 2000).

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Opinion

—In an action, inter alia, to recover damages for negligence, the defendants appeal from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated January 29, 1999, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

[354]*354The defendants did not meet their initial burden of setting forth evidentiary facts sufficient to establish their entitlement to judgment as a matter of law. Thus, the Supreme Court properly denied their motion (see, Fabbricatore v Lindenhurst Union Free School Dist, 259 AD2d 660). Thompson, J. P., S. Miller, Krausman, Florio and Schmidt, JJ., concur.

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—In an action, inter alia, to recover damages for negligence, the defendants appeal from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated January 29, 1999, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

[354]*354The defendants did not meet their initial burden of setting forth evidentiary facts sufficient to establish their entitlement to judgment as a matter of law. Thus, the Supreme Court properly denied their motion (see, Fabbricatore v Lindenhurst Union Free School Dist, 259 AD2d 660). Thompson, J. P., S. Miller, Krausman, Florio and Schmidt, JJ., concur.

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269 A.D.2d 353, 702 N.Y.S.2d 572, 2000 N.Y. App. Div. LEXIS 1233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esposito-v-capuozzo-nyappdiv-2000.

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