Legal Opinion

Smith v. Kinsey

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2008PublishedCited by 4 opinions

1Opinion of the Court

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered December 15, 2006 in a personal injury action. The order, inter alia, denied in part the motion of plaintiff to strike certain affirmative defenses of defendant Marcus Kinsey and for partial summary judgment and the cross motion of defendant Marcus Kinsey for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion to strike the sixth affirmative defense and striking that affirmative defense and by…

2Cases cited10 opinions

  1. Andre v. PomeroyNew York Court of Appeals · 1974
  2. Holodook v. SpencerNew York Court of Appeals · 1974
  3. Gelbman v. GelbmanNew York Court of Appeals · 1969
  4. Verni v. JohnsonNew York Court of Appeals · 1946
  5. Wallace v. KuhnAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by4 opinions

  1. County of Niagara v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ball v. CaesarAppellate Division of the Supreme Court of the State of New York · 2018
  3. DWORZANSKI, RONALD v. DWORZANSKI, JUSTINAppellate Division of the Supreme Court of the State of New York · 2011
  4. Dworzanski v. Niagara-Wheatfield Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

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