Home/Appellate Division of the Supreme Court of New York/Nissan Motor Acceptance Corp. v. Rosen

Nissan Motor Acceptance Corp. v. Rosen

269 A.D.2d 434, 702 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 1408
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 14, 2000
StatusPublished

This text of 269 A.D.2d 434 (Nissan Motor Acceptance Corp. v. Rosen) 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
Nissan Motor Acceptance Corp. v. Rosen, 269 A.D.2d 434, 702 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 1408 (N.Y. Ct. App. 2000).

Opinion

—In an action to recover damages for breach of contract, the defendant third-party plaintiff Shari Lyn Rosen appeals from so much of the order of the Supreme Court, Nassau County (Burke, J.), dated May 28, 1998, as denied her motion for summary judgment on the causes of action of the third-party complaint asserted against the third-party defendants Merchants & Business Men’s Mutual Insurance Company and Nu-Main of New York, Inc.

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

The defendant third-party plaintiff failed to establish her entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557; Perna v Ellner, 262 AD2d 620; Revelo v Weithorn, 253 AD2d 869). Therefore, her motion for summary judgment was properly denied, regardless of the sufficiency of the respondents’ opposing papers (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). Mangano, P. J., Altman, Schmidt and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

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)
Revelo v. Weithorn
253 A.D.2d 869 (Appellate Division of the Supreme Court of New York, 1998)
Perna v. Ellner
262 A.D.2d 620 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
269 A.D.2d 434, 702 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 1408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nissan-motor-acceptance-corp-v-rosen-nyappdiv-2000.