Legal Opinion
Perez v. Ozone Park Lumber
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2002PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Barron, J.), dated August 29, 2001, which denied its motion for summary judgment dismissing the third-party complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.
The third-party defendant met its burden of proving, by competent admissible evidence (see Gaddy v Eyler, 79 NY2d 955; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487), that the plaintiffs injuries did not rise to…
2Cases cited6 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
- Ibarra v. Equipment Control, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Curran v. Auto Lab Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Fitzpatrick v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by1 opinion
- Barreiros v. JJR Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003