Home/Appellate Division of the Supreme Court of New York/Florea v. County of Erie

Florea v. County of Erie

123 A.D.2d 514, 507 N.Y.S.2d 106, 1986 N.Y. App. Div. LEXIS 60265
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 26, 1986
StatusPublished

This text of 123 A.D.2d 514 (Florea v. County of Erie) 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
Florea v. County of Erie, 123 A.D.2d 514, 507 N.Y.S.2d 106, 1986 N.Y. App. Div. LEXIS 60265 (N.Y. Ct. App. 1986).

Opinion

Order unanimously affirmed with costs. Memorandum: The burden of proof on a motion for summary judgment rests upon the moving party even where the opposing papers are insufficient (Zuckerman v City of New York, 49 NY2d 557, 562; Monroe Abstract & Tit. Corp. v Giallombardo, 54 AD2d 1084, 1085). The county, in this motion, has failed to meet its burden of demonstrating its entitlement to summary judgment. At trial, it will be the plaintiffs burden to present evidence which will prove that the negligence of. the county was a proximate cause of the injuries sustained. (Appeal from order of Supreme Court, Erie County, Broughton, J.—summary judgment.) Present—Dillon, P. J., Callahan, Boomer, Balio and Schnepp, JJ.

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Related

Zuckerman v. City of New York
404 N.E.2d 718 (New York Court of Appeals, 1980)
Monroe Abstract & Title Corp. v. Giallombardo
54 A.D.2d 1084 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
123 A.D.2d 514, 507 N.Y.S.2d 106, 1986 N.Y. App. Div. LEXIS 60265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florea-v-county-of-erie-nyappdiv-1986.