Giffords v. Cablevision, Inc.

Appellate Division of the Supreme Court of New York

Giffords v. Cablevision, Inc.

69 A.D.2d 851, 415 N.Y.S.2d 629, 1979 N.Y. App. Div. LEXIS 11541

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

DecidedApril 16, 1979

StatusPublished

This text of 69 A.D.2d 851 (Giffords v. Cablevision, Inc.) 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

Giffords v. Cablevision, Inc., 69 A.D.2d 851, 415 N.Y.S.2d 629, 1979 N.Y. App. Div. LEXIS 11541 (N.Y. Ct. App. 1979).

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Opinion

In a tort action sounding in intentional infliction of mental distress, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 5, 1978, which granted defendant’s motion for summary judgment dismissing the complaint. On the court’s own motion, the notice of appeal dated July 31, 1978, is deemed amended to show that it is also from the judgment of the same court in favor of defendant, entered July 14, 1978 (see CPLR 5520). Appeal from the order dismissed (see Matter of Aho, 39 NY2d 241, 248). Judgment reversed and defendant’s motion for summary judgment is denied, with leave to renew upon proper papers. Plaintiffs are awarded one bill of $50 costs and disbursements. The affidavit in support of the motion was made by an attorney without personal knowledge of the facts, contrary to the requirement of CPLR 3212 (subd [b]). Suozzi, J. P., Lazer, Gulotta, Shapiro and Cohalan, JJ., concur.

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In a tort action sounding in intentional infliction of mental distress, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 5, 1978, which granted defendant’s motion for summary judgment dismissing the complaint. On the court’s own motion, the notice of appeal dated July 31, 1978, is deemed amended to show that it is also from the judgment of the same court in favor of defendant, entered July 14, 1978 (see CPLR 5520). Appeal from the order dismissed (see Matter of Aho, 39 NY2d 241, 248). Judgment reversed and defendant’s motion for summary judgment is denied, with leave to renew upon proper papers. Plaintiffs are awarded one bill of $50 costs and disbursements. The affidavit in support of the motion was made by an attorney without personal knowledge of the facts, contrary to the requirement of CPLR 3212 (subd [b]). Suozzi, J. P., Lazer, Gulotta, Shapiro and Cohalan, JJ., concur.

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Bluebook (online)

69 A.D.2d 851, 415 N.Y.S.2d 629, 1979 N.Y. App. Div. LEXIS 11541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giffords-v-cablevision-inc-nyappdiv-1979.

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