Hunley v. University of Rochester Strong Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from an order of Supreme Court, Monroe County (Fisher, J.), entered October 16, 2001, which denied defendant’s motion seeking summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. In support of the motion, defendant contended that plaintiff would be unable to prove negligence or causation because plaintiff’s testimony at trial would be speculative. “It is well established, however, that ‘[a] moving…
2Cases cited6 opinions
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- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
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- Dodge v. City of Hornell Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2001
- Kanney v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1997
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- Gonzalez v. PadinAppellate Division of the Supreme Court of the State of New York · 2002
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