Morrissey v. Frontier Communications of New York, Inc.

Appellate Division of the Supreme Court of New York

Morrissey v. Frontier Communications of New York, Inc.

283 A.D.2d 408, 723 N.Y.S.2d 882, 2001 N.Y. App. Div. LEXIS 4701

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

DecidedMay 7, 2001

StatusPublished

This text of 283 A.D.2d 408 (Morrissey v. Frontier Communications of New York, 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

Morrissey v. Frontier Communications of New York, Inc., 283 A.D.2d 408, 723 N.Y.S.2d 882, 2001 N.Y. App. Div. LEXIS 4701 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 6, 2000, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly granted the defendant’s mo[409]*409tion for summary judgment dismissing the complaint. Triable issues of fact exist as to whether the defendant was negligent (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 6, 2000, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly granted the defendant’s mo[409]*409tion for summary judgment dismissing the complaint. Triable issues of fact exist as to whether the defendant was negligent (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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Bluebook (online)

283 A.D.2d 408, 723 N.Y.S.2d 882, 2001 N.Y. App. Div. LEXIS 4701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrissey-v-frontier-communications-of-new-york-inc-nyappdiv-2001.

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