Legal Opinion
Lucks v. Lakeside Mfg., Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2003PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated May 31, 2002, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The proponent of a motion for summary judgment must make a prima facie showing of the entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issues of fact from the case (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). The failure to make such a showing requires…
2Cases cited4 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Felix v. Akzo Nobel Coatings, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Drago v. KingAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by2 opinions
- Willis v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2004
- Horvath v. Red Frog Events, LLCAppellate Division of the Supreme Court of the State of New York · 2024