Legal Opinion
Soto v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated March 30, 2005, which denied its motion, in effect, for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
While denominated a motion for leave to renew and reargue, the defendant’s motion was actually its second motion for summary judgment. The defendant violated the rule against filing successive motions for summary judgment as the evidence, which derived from the deposition testimony of its own witness, and…
2Cases cited7 opinions
- McIvor v. Di BenedettoAppellate Division of the Supreme Court of the State of New York · 1986
- Capuano v. Platzner International Group, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Staib v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Echeverri v. Flushing Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
- Finazzo v. American Honda Motor Co.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Emergency Restoration Services Corp. v. CorradoAppellate Division of the Supreme Court of the State of New York · 2013
- Emergency Restoration Services Corp. v. CorradoAppellate Division of the Supreme Court of the State of New York · 2013
- Rogers v. DeGennaroAppellate Division of the Supreme Court of the State of New York · 2018