Gerard v. City of New York

Appellate Division of the Supreme Court of New York

Gerard v. City of New York

255 A.D.2d 102, 678 N.Y.S.2d 894

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

DecidedNovember 5, 1998

StatusPublished

This text of 255 A.D.2d 102 (Gerard v. City of New York) 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

Gerard v. City of New York, 255 A.D.2d 102, 678 N.Y.S.2d 894 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Jane Solomon, J.), [103]*103entered on or about August 6, 1997, which denied fourth-party defendant City Wide Asphalt Paving Co.’s motion for summary judgment dismissing the fourth-party complaint, unanimously affirmed, without costs.

The evidence presented by fourth-party plaintiff Felix Contracting Corp. sufficed to raise a material factual issue as to the exact location of plaintiffs accident and thus precluded the grant of fourth-party defendant-appellant’s motion for summary judgment dismissing the fourth-party complaint (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Upon appellant’s renewed application on oral argument, defendant and third-party plaintiffs brief is stricken. Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.

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—Order, Supreme Court, New York County (Jane Solomon, J.), [103]*103entered on or about August 6, 1997, which denied fourth-party defendant City Wide Asphalt Paving Co.’s motion for summary judgment dismissing the fourth-party complaint, unanimously affirmed, without costs.

The evidence presented by fourth-party plaintiff Felix Contracting Corp. sufficed to raise a material factual issue as to the exact location of plaintiffs accident and thus precluded the grant of fourth-party defendant-appellant’s motion for summary judgment dismissing the fourth-party complaint (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Upon appellant’s renewed application on oral argument, defendant and third-party plaintiffs brief is stricken. Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.

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Bluebook (online)

255 A.D.2d 102, 678 N.Y.S.2d 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerard-v-city-of-new-york-nyappdiv-1998.

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