Purcell v. M.L. Bruenn Co., Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for negligence, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Hubert, J.), dated March 18, 2014, as, upon converting that branch of their motion which was pursuant to CPLR 3211 (a) to dismiss the second cause of action into one for summary judgment dismissing that cause of action, denied that branch of their motion.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants’ converted motion which was for summary…
2Cases cited7 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Turcotte v. FellNew York Court of Appeals · 1986
- Roberson v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2014
- Waldron v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Fowler v. SammutAppellate Division of the Supreme Court of the State of New York · 1999
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