Legal Opinion

Burke v. Queen of Heaven Roman Catholic Elementary School

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

Decided June 9, 2017No. 508 CA 16-01204PublishedCited by 7 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 17, 2016. The order granted the motion of plaintiff to strike the answer of, and for partial summary judgment on liability against, defendants Queen of Heaven Roman Catholic Elementary School and Queen of Heaven Roman Catholic Church.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion seeking to strike the answer of defendants-appellants and seeking partial summary judgment on liability, and reinstating that answer, and…

2Cases cited9 opinions

  1. Pegasus Aviation I, Inc. v. Varig Logistica S.A.New York Court of Appeals · 2015
  2. VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Mohammed v. Command Security Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Standard Fire Insurance v. Federal Pacific Electric Co.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Mahiques v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by7 opinions

  1. Eksarko v. Associated SupermarketAppellate Division of the Supreme Court of the State of New York · 2017
  2. Estate of David Smalley v. Harley-Davidson Motor Co. Group LLCAppellate Division of the Supreme Court of the State of New York · 2019
  3. Fraser v. CorneliusAppellate Division of the Supreme Court of the State of New York · 2026
  4. Giambrone v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Helm v. Sung-Hoon YangAppellate Division of the Supreme Court of the State of New York · 2019

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