Tym v. Smaldone

Appellate Division of the Supreme Court of New York

Tym v. Smaldone

267 A.D.2d 229, 699 N.Y.S.2d 293, 1999 N.Y. App. Div. LEXIS 12530

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

DecidedDecember 6, 1999

StatusPublished

This text of 267 A.D.2d 229 (Tym v. Smaldone) 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

Tym v. Smaldone, 267 A.D.2d 229, 699 N.Y.S.2d 293, 1999 N.Y. App. Div. LEXIS 12530 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for medical malpractice, etc., the defendant Maria London appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated September 15, 1998, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant Maria London made out a prima facie case for summary judgment dismissing the complaint insofar as asserted against her. The plaintiffs’ opposition papers failed to raise an issue of fact. Accordingly, the appellant’s motion should have been granted. Sullivan, J. P., Joy, Krausman and Luciano, JJ., concur.

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—In an action to recover damages for medical malpractice, etc., the defendant Maria London appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated September 15, 1998, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant Maria London made out a prima facie case for summary judgment dismissing the complaint insofar as asserted against her. The plaintiffs’ opposition papers failed to raise an issue of fact. Accordingly, the appellant’s motion should have been granted. Sullivan, J. P., Joy, Krausman and Luciano, JJ., concur.

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Bluebook (online)

267 A.D.2d 229, 699 N.Y.S.2d 293, 1999 N.Y. App. Div. LEXIS 12530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tym-v-smaldone-nyappdiv-1999.