Paladino v. Staten Island University Hospital

Appellate Division of the Supreme Court of New York

Paladino v. Staten Island University Hospital

245 A.D.2d 497, 666 N.Y.S.2d 490, 1997 N.Y. App. Div. LEXIS 13251

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1997·Published

Opinion

—In an [498]*498action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Cusick, J.), dated February 10, 1997, as granted the plaintiffs’ motion for summary judgment on the issue of liability.

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

The deposition of the plaintiff Lisa M. Paladino, who was the sole person to witness all of the events leading up to her injuries, has not yet taken place. Therefore, granting summary judgment in the plaintiffs’ favor was premature (see, Darling v Solomon, 227 AD2d 851; Viti v Franklin Gen. Hosp., 190 AD2d 790).

In light of our determination, we need not reach the parties’ remaining contentions. Bracken, J. P., Copertino, Thompson and Luciano, JJ., concur.

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—In an [498]*498action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Cusick, J.), dated February 10, 1997, as granted the plaintiffs’ motion for summary judgment on the issue of liability.

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

The deposition of the plaintiff Lisa M. Paladino, who was the sole person to witness all of the events leading up to her injuries, has not yet taken place. Therefore, granting summary judgment in the plaintiffs’ favor was premature (see, Darling v Solomon, 227 AD2d 851; Viti v Franklin Gen. Hosp., 190 AD2d 790).

In light of our determination, we need not reach the parties’ remaining contentions. Bracken, J. P., Copertino, Thompson and Luciano, JJ., concur.

Paladino v. Staten Island University Hospital, 245 A.D.2d 497, 666 N.Y.S.2d 490, 1997 N.Y. App. Div. LEXIS 13251 (N.Y. Ct. App. 1997).

Pincite

245 A.D.2d 497 (Paladino v. Staten Island University Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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