Legal Opinion

Arbusto v. Amerada Hess Corp.

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

Decided March 21, 2005PublishedCited by 4 opinions

1Opinion of the Court

*528In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), dated March 17, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the cause of his fall (see Birman v Birman, 8 AD3d 219 [2004]; Garvin v Rosenberg, 204 AD2d 388 [1994]).

The plaintiff’s opposing affidavit, in which he…

2Cases cited3 opinions

  1. Garvin v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1994
  2. Birman v. BirmanAppellate Division of the Supreme Court of the State of New York · 2004
  3. Speirs v. Dick's Clothing & Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Nieves v. JHH Transport, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  2. Hennington v. EllingtonAppellate Division of the Supreme Court of the State of New York · 2005
  3. Ludin v. Crestwood Country Day School, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Bottiglieri v. WheelerAppellate Division of the Supreme Court of the State of New York · 2007

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