Fravezzi v. Koritz

Appellate Division of the Supreme Court of New York

Fravezzi v. Koritz

295 A.D.2d 290, 744 N.Y.S.2d 669, 2002 N.Y. App. Div. LEXIS 6871

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

DecidedJune 27, 2002

StatusPublished

Cited by1 cases

This text of 295 A.D.2d 290 (Fravezzi v. Koritz) 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

Fravezzi v. Koritz, 295 A.D.2d 290, 744 N.Y.S.2d 669, 2002 N.Y. App. Div. LEXIS 6871 (N.Y. Ct. App. 2002).

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Opinion

—Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 28, 2001, which denied plaintiffs’ motion for partial summary judgment as to liability, unanimously affirmed, without costs.

Drawing all reasonable inferences in favor of defendants as opponents of the motion (see, Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753, 755), we conclude that summary judgment was properly denied. The interpretation of, and relative weight to be accorded to, the statement attributed to Mr. Koritz in the police report, even if admissible as a party admission, is for the jury (see, Shea v Johnson, 101 AD2d 1018) and plaintiffs’ submissions did not suffice to prove causation as a matter of law.

We have considered and rejected plaintiffs’ other arguments. Concur—Andrias, J.P., Buckley, Rosenberger, Wallach and Gonzalez, JJ.

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—Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 28, 2001, which denied plaintiffs’ motion for partial summary judgment as to liability, unanimously affirmed, without costs.

Drawing all reasonable inferences in favor of defendants as opponents of the motion (see, Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753, 755), we conclude that summary judgment was properly denied. The interpretation of, and relative weight to be accorded to, the statement attributed to Mr. Koritz in the police report, even if admissible as a party admission, is for the jury (see, Shea v Johnson, 101 AD2d 1018) and plaintiffs’ submissions did not suffice to prove causation as a matter of law.

We have considered and rejected plaintiffs’ other arguments. Concur—Andrias, J.P., Buckley, Rosenberger, Wallach and Gonzalez, JJ.

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Bluebook (online)

295 A.D.2d 290, 744 N.Y.S.2d 669, 2002 N.Y. App. Div. LEXIS 6871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fravezzi-v-koritz-nyappdiv-2002.

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