Casucci v. Kenmore Mercy Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law without costs and motion denied. Memorandum: Initially, we deem plaintiffs’ notice of appeal from an order dated February 8, 1988 granting defendant’s motion for summary judgment as an appeal from the judgment entered on the same date dismissing the complaint (see, Privitera v Town of Phelps, 79 AD2d 1, 2-3; National Bank v Kory, 63 AD2d 579, lv denied 45 NY2d 712; CPLR 5520 [c]).
To obtain summary judgment a defendant must submit sufficient evidentiary proof to establish its defense as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New York,…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by12 opinions
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- Soltis v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Noble v. PorterAppellate Division of the Supreme Court of the State of New York · 1992
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