Shepherd v. Larkin

Appellate Division of the Supreme Court of New York

Shepherd v. Larkin

8 A.D.3d 1015, 778 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 8061

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

DecidedJune 14, 2004

StatusPublished

This text of 8 A.D.3d 1015 (Shepherd v. Larkin) 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

Shepherd v. Larkin, 8 A.D.3d 1015, 778 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 8061 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered November 25, 2002. The order granted defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he allegedly sustained when he fell down the basement stairs of defendant’s house. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Defendant failed to meet her initial burden on her motion (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]), and we therefore do not address the sufficiency of plaintiffs opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered November 25, 2002. The order granted defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he allegedly sustained when he fell down the basement stairs of defendant’s house. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Defendant failed to meet her initial burden on her motion (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]), and we therefore do not address the sufficiency of plaintiffs opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

8 A.D.3d 1015, 778 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 8061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-larkin-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack