Legal Opinion
Bonacci v. Brewster Service Station, Inc.
New York Supreme Court
Decided October 5, 2016Published
1Opinion of the Court
*438OPINION OF THE COURT
Lawrence H. Ecker, J.
The motion of Tom Bonacci and Barrie Bonacci, made pursuant to CPLR 3211 (b), to strike the first affirmative defense denying negligence on the part of defendant, and ascribing contributory negligence to plaintiff; to strike the fourth affirmative defense of failure to state a cause of action; to strike the fifth affirmative defense that defendant had no notice of the alleged dangerous condition; and pursuant to CPLR 3212, granting summary judgment as to liability, upon their showing that res ipsa loquitur is applicable to the facts as alleged against…
2Cases cited8 opinions
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Mejia v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Giantomaso v. T. Weiss Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2016
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