Walker v. Caldor, Inc.

Appellate Division of the Supreme Court of New York

Walker v. Caldor, Inc.

309 A.D.2d 859, 766 N.Y.S.2d 72

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

DecidedOctober 20, 2003

StatusPublished

This text of 309 A.D.2d 859 (Walker v. Caldor, Inc.) 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

Walker v. Caldor, Inc., 309 A.D.2d 859, 766 N.Y.S.2d 72 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, the defendant Tibbets Associates appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Winiek, J.), entered June 28, 2001, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellant’s motion for summary judgment, as issues of fact exist with regard to its alleged negligence and the proximate cause of the accident (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Feuerstein, J.P., Goldstein, McGinity and Crane, JJ., concur.

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In an action to recover damages for personal injuries, the defendant Tibbets Associates appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Winiek, J.), entered June 28, 2001, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellant’s motion for summary judgment, as issues of fact exist with regard to its alleged negligence and the proximate cause of the accident (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Feuerstein, J.P., Goldstein, McGinity and Crane, JJ., concur.

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Bluebook (online)

309 A.D.2d 859, 766 N.Y.S.2d 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-caldor-inc-nyappdiv-2003.

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