Legal Opinion
Gardella v. Esposito Foods, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 2011PublishedCited by 12 opinions
1Opinion of the Court
— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Starkey, J.), dated December 21, 2009, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law on the issue of liability (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). “There can be more than one proximate cause of an accident” (Cox v Nunez, 23 AD3d 427, 427 [2005]; see Topalis v Zwolski, 76 AD3d 524 [2010];…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Cox v. NunezAppellate Division of the Supreme Court of the State of New York · 2005
- Todd v. GodekAppellate Division of the Supreme Court of the State of New York · 2010
- Sanabria v. PaduchAppellate Division of the Supreme Court of the State of New York · 2009
- Cali v. MustafaAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by12 opinions
- Adobea v. JunelAppellate Division of the Supreme Court of the State of New York · 2014
- Shui-Kwan Lui v. SerroneAppellate Division of the Supreme Court of the State of New York · 2013
- Gause v. MartinezAppellate Division of the Supreme Court of the State of New York · 2012
- Desio v. Cerebral Palsy Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Hernandez v. TepanAppellate Division of the Supreme Court of the State of New York · 2012
7 more not listed; retrieve them via the Exa API.