Karmiol v. Astorino

12 A.D.3d 415, 783 N.Y.S.2d 839, 2004 N.Y. App. Div. LEXIS 13358

This text of 12 A.D.3d 415 (Karmiol v. Astorino) 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
Karmiol v. Astorino, 12 A.D.3d 415, 783 N.Y.S.2d 839, 2004 N.Y. App. Div. LEXIS 13358 (N.Y. Ct. App. 2004).

Opinion

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated October 8, 2003, as denied his cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of his cross motion for summary judgment dismissing the complaint, the defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Accordingly, the cross motion properly was denied. Prudenti, PJ., Ritter, H. Miller and Spolzino, JJ., concur.

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Related

Alvarez v. Prospect Hospital
501 N.E.2d 572 (New York Court of Appeals, 1986)

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Bluebook (online)
12 A.D.3d 415, 783 N.Y.S.2d 839, 2004 N.Y. App. Div. LEXIS 13358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karmiol-v-astorino-nyappdiv-2004.