Tageldein v. Rockefeller Center, Inc.

Appellate Division of the Supreme Court of New York

Tageldein v. Rockefeller Center, Inc.

262 A.D.2d 109, 689 N.Y.S.2d 641, 1999 N.Y. App. Div. LEXIS 6434

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1999·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Jane Solomon, J.), entered July 28, 1998, which granted defendants’ motion for summary judgment dismissing the complaint as against defendant Rockefeller Center Management Corporation, unanimously affirmed, without costs.

Having adduced evidence that it did not, at the time of plaintiffs accident, own, lease, maintain, operate, or manage the premises upon which the accident is alleged to have occurred, defendant-respondent made a prima facie showing of its entitlement to judgment in its favor as a matter of law; and, as plaintiff, in response, failed to adduce evidence in admissible form sufficient to establish any issue of fact as to defendant-respondent’s relationship to the subject premises, the grant of summary judgment dismissing the complaint as against defendant-respondent was correct (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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—Order, Supreme Court, New York County (Jane Solomon, J.), entered July 28, 1998, which granted defendants’ motion for summary judgment dismissing the complaint as against defendant Rockefeller Center Management Corporation, unanimously affirmed, without costs.

Having adduced evidence that it did not, at the time of plaintiffs accident, own, lease, maintain, operate, or manage the premises upon which the accident is alleged to have occurred, defendant-respondent made a prima facie showing of its entitlement to judgment in its favor as a matter of law; and, as plaintiff, in response, failed to adduce evidence in admissible form sufficient to establish any issue of fact as to defendant-respondent’s relationship to the subject premises, the grant of summary judgment dismissing the complaint as against defendant-respondent was correct (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

Tageldein v. Rockefeller Center, Inc., 262 A.D.2d 109, 689 N.Y.S.2d 641, 1999 N.Y. App. Div. LEXIS 6434 (N.Y. Ct. App. 1999).

Pincite

262 A.D.2d 109 (Tageldein v. Rockefeller Center, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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