Scudera v. Mahbubur

Appellate Division of the Supreme Court of New York

Scudera v. Mahbubur

12 A.D.3d 660, 784 N.Y.S.2d 878, 2004 N.Y. App. Div. LEXIS 14572

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

DecidedNovember 29, 2004

StatusPublished

This text of 12 A.D.3d 660 (Scudera v. Mahbubur) 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

Scudera v. Mahbubur, 12 A.D.3d 660, 784 N.Y.S.2d 878, 2004 N.Y. App. Div. LEXIS 14572 (N.Y. Ct. App. 2004).

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Opinion

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Woodard, J.), entered April 22, 2004, which denied their motion for summary judgment dismissing the plaintiffs claim for punitive damages.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the defendants failed to demonstrate their prima facie entitlement to summary judgment dismissing the claim for punitive damages (see Morse v Studin, 283 AD2d 622 [2001]). Therefore, the Supreme Court correctly denied the motion for summary judgment dismissing that claim.

The defendants’ remaining contention is without merit. Florio, J.P., Krausman, Cozier and Rivera, JJ., concur.

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In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Woodard, J.), entered April 22, 2004, which denied their motion for summary judgment dismissing the plaintiffs claim for punitive damages.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the defendants failed to demonstrate their prima facie entitlement to summary judgment dismissing the claim for punitive damages (see Morse v Studin, 283 AD2d 622 [2001]). Therefore, the Supreme Court correctly denied the motion for summary judgment dismissing that claim.

The defendants’ remaining contention is without merit. Florio, J.P., Krausman, Cozier and Rivera, JJ., concur.

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Bluebook (online)

12 A.D.3d 660, 784 N.Y.S.2d 878, 2004 N.Y. App. Div. LEXIS 14572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scudera-v-mahbubur-nyappdiv-2004.

Opinion

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