Greene v. Montone

Appellate Division of the Supreme Court of New York

Greene v. Montone

202 A.D.2d 871, 610 N.Y.S.2d 880, 1994 N.Y. App. Div. LEXIS 2833

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 1994·Published

Opinion

—Appeal from an order of the Supreme Court [872]*872(Conway, J.), entered November 20, 1992 in Albany County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.

Supreme Court properly granted defendant’s cross motion for summary judgment dismissing the complaint. A previous order of the court precluded plaintiff from giving any evidence at trial in relation to the complaint’s allegations. As a result of this prior order, plaintiff was barred from introducing any evidence regarding the central issues of liability and damages and could not therefore establish a cause of action. Plaintiff’s remaining arguments have been considered and rejected.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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—Appeal from an order of the Supreme Court [872]*872(Conway, J.), entered November 20, 1992 in Albany County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.

Supreme Court properly granted defendant’s cross motion for summary judgment dismissing the complaint. A previous order of the court precluded plaintiff from giving any evidence at trial in relation to the complaint’s allegations. As a result of this prior order, plaintiff was barred from introducing any evidence regarding the central issues of liability and damages and could not therefore establish a cause of action. Plaintiff’s remaining arguments have been considered and rejected.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

Greene v. Montone, 202 A.D.2d 871, 610 N.Y.S.2d 880, 1994 N.Y. App. Div. LEXIS 2833 (N.Y. Ct. App. 1994).

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202 A.D.2d 871 (Greene v. Montone) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.