LaMacchia v. City of New Rochelle

Appellate Division of the Supreme Court of New York

LaMacchia v. City of New Rochelle

46 A.D.3d 758, 847 N.Y.S.2d 479

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

DecidedDecember 18, 2007

StatusPublished

This text of 46 A.D.3d 758 (LaMacchia v. City of New Rochelle) 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

LaMacchia v. City of New Rochelle, 46 A.D.3d 758, 847 N.Y.S.2d 479 (N.Y. Ct. App. 2007).

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Opinion

In an action to recover damages for personal injuries, etc., the defendant New Rochelle City School District appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated December 5, 2006, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it. ■

Ordered that the order is affirmed, with costs.

As the Supreme Court correctly found, in opposition to the [759]*759appellant’s prima facie showing the plaintiffs raised triable issues of fact sufficient to warrant the denial of the appellant’s summary judgment motion (see Mirand v City of New York, 84 NY2d 44, 49-51 [1994]; Smith v Poughkeepsie City School Dist., 41 AD3d 579, 580 [2007]). Crane, J.P., Florio, Angiolillo and Garni, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant New Rochelle City School District appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated December 5, 2006, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it. ■

Ordered that the order is affirmed, with costs.

As the Supreme Court correctly found, in opposition to the [759]*759appellant’s prima facie showing the plaintiffs raised triable issues of fact sufficient to warrant the denial of the appellant’s summary judgment motion (see Mirand v City of New York, 84 NY2d 44, 49-51 [1994]; Smith v Poughkeepsie City School Dist., 41 AD3d 579, 580 [2007]). Crane, J.P., Florio, Angiolillo and Garni, JJ., concur.

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Bluebook (online)

46 A.D.3d 758, 847 N.Y.S.2d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamacchia-v-city-of-new-rochelle-nyappdiv-2007.

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