Quito v. City of New York

Appellate Division of the Supreme Court of New York

Quito v. City of New York

89 A.D.3d 913, 932 N.Y.2d 717

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

DecidedNovember 15, 2011

StatusPublished

This text of 89 A.D.3d 913 (Quito v. City of New York) 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

Quito v. City of New York, 89 A.D.3d 913, 932 N.Y.2d 717 (N.Y. Ct. App. 2011).

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Opinion

The defendants’ failure to make a prima facie showing of entitlement to judgment as a matter of law required the denial of their motion for summary judgment, regardless of the sufficiency of the opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Rivera, J.E, Eng, Belen and Austin, JJ., concur.

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The defendants’ failure to make a prima facie showing of entitlement to judgment as a matter of law required the denial of their motion for summary judgment, regardless of the sufficiency of the opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Rivera, J.E, Eng, Belen and Austin, JJ., concur.

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Bluebook (online)

89 A.D.3d 913, 932 N.Y.2d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quito-v-city-of-new-york-nyappdiv-2011.

Opinion

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