Nunez v. North Shore University Hospital

Appellate Division of the Supreme Court of New York

Nunez v. North Shore University Hospital

90 A.D.3d 1005, 934 N.Y.2d 844

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

DecidedDecember 27, 2011

StatusPublished

This text of 90 A.D.3d 1005 (Nunez v. North Shore University Hospital) 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

Nunez v. North Shore University Hospital, 90 A.D.3d 1005, 934 N.Y.2d 844 (N.Y. Ct. App. 2011).

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Opinion

The third-party defendant established its entitlement to judgment as a matter of law by establishing, prima facie, that it had no duty to maintain the area where the incident occurred and that it did not affirmatively create the alleged hazardous condition (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In opposition, the respondents failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, the Supreme Court should have granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint.

The parties’ remaining contentions need not be reached in light of our determination. Rivera, J.E, Leventhal, Roman and Sgroi, JJ., concur. [Prior Case History: 2010 NY Slip Op 33596(U).]

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The third-party defendant established its entitlement to judgment as a matter of law by establishing, prima facie, that it had no duty to maintain the area where the incident occurred and that it did not affirmatively create the alleged hazardous condition (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In opposition, the respondents failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Accordingly, the Supreme Court should have granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint.

The parties’ remaining contentions need not be reached in light of our determination. Rivera, J.E, Leventhal, Roman and Sgroi, JJ., concur. [Prior Case History: 2010 NY Slip Op 33596(U).]

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Bluebook (online)

90 A.D.3d 1005, 934 N.Y.2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nunez-v-north-shore-university-hospital-nyappdiv-2011.

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