Legal Opinion
Pearson v. Dix McBride, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2009PublishedCited by 54 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the defendant Dix McBride, LLC, appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 16, 2008, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The drastic remedy of summary judgment should be granted only if there are no triable issues of fact (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). “The function of the court on a motion for summary judgment is not to resolve issues of…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
- Dykeman v. HehtAppellate Division of the Supreme Court of the State of New York · 2008
- Brown v. Outback SteakhouseAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by54 opinions
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- Faicco v. GolubAppellate Division of the Supreme Court of the State of New York · 2012
- Bravo v. VargasAppellate Division of the Supreme Court of the State of New York · 2014
- Nash v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
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