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Kelly v. City of New York

305 A.D.2d 464, 759 N.Y.S.2d 338
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 12, 2003
StatusPublished

This text of 305 A.D.2d 464 (Kelly 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
Kelly v. City of New York, 305 A.D.2d 464, 759 N.Y.S.2d 338 (N.Y. Ct. App. 2003).

Opinion

—In an action to recover damages for personal injuries, etc., the defendant Bancker Construction appeals from an order of the Supreme Court, Queens County (Flug, J.), dated February 19, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

[465]*465Ordered that the order is affirmed, with costs.

The defendant Bancker Construction failed to demonstrate its prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, the Supreme Court properly denied the motion for summary judgment. Santucci, J.P., Smith, McGinity and Schmidt, JJ., concur.

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Related

Zuckerman v. City of New York
404 N.E.2d 718 (New York Court of Appeals, 1980)
Winegrad v. New York University Medical Center
476 N.E.2d 642 (New York Court of Appeals, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
305 A.D.2d 464, 759 N.Y.S.2d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-city-of-new-york-nyappdiv-2003.