Home/Appellate Division of the Supreme Court of New York/Smith v. Merrill Lynch & Co.

Smith v. Merrill Lynch & Co.

69 A.D.3d 843, 892 N.Y.2d 766
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 19, 2010
StatusPublished

This text of 69 A.D.3d 843 (Smith v. Merrill Lynch & Co.) 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
Smith v. Merrill Lynch & Co., 69 A.D.3d 843, 892 N.Y.2d 766 (N.Y. Ct. App. 2010).

Opinion

In support of its motion for summary judgment dismissing the third-party complaint insofar as asserted against it by the appellant, the third-party defendant County of Nassau failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, its motion should have been denied regardless of the sufficiency of the papers submitted in opposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Fisher, J.E, Miller, Eng and Hall, JJ., concur.

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Related

Winegrad v. New York University Medical Center
476 N.E.2d 642 (New York Court of Appeals, 1985)
Alvarez v. Prospect Hospital
501 N.E.2d 572 (New York Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
69 A.D.3d 843, 892 N.Y.2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-merrill-lynch-co-nyappdiv-2010.