Naghdi v. Torah Caterers, Inc.

Appellate Division of the Supreme Court of New York

Naghdi v. Torah Caterers, Inc.

308 A.D.2d 567, 765 N.Y.S.2d 518

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

DecidedSeptember 29, 2003

StatusPublished

Cited by1 cases

This text of 308 A.D.2d 567 (Naghdi v. Torah Caterers, 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

Naghdi v. Torah Caterers, Inc., 308 A.D.2d 567, 765 N.Y.S.2d 518 (N.Y. Ct. App. 2003).

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Opinion

—In an action to recover damages for personal injuries, the defendant Torah Caterers, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated May 22, 2002, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the appellant’s motion which was for summary judgment dismissing the complaint insofar as asserted against it is granted, and the complaint is dismissed insofar as asserted against the appellant.

In opposition to the appellant’s prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, that branch of the appellant’s motion which was for summary judgment dismissing the complaint insofar as asserted against it should have been granted. Ritter, J.P., Goldstein, McGinity and Crane, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant Torah Caterers, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated May 22, 2002, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the appellant’s motion which was for summary judgment dismissing the complaint insofar as asserted against it is granted, and the complaint is dismissed insofar as asserted against the appellant.

In opposition to the appellant’s prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, that branch of the appellant’s motion which was for summary judgment dismissing the complaint insofar as asserted against it should have been granted. Ritter, J.P., Goldstein, McGinity and Crane, JJ., concur.

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Bluebook (online)

308 A.D.2d 567, 765 N.Y.S.2d 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naghdi-v-torah-caterers-inc-nyappdiv-2003.

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