Legal Opinion

Birman v. Birman

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

Decided June 1, 2004PublishedCited by 20 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Fartnow, J.), dated December 1, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. The plaintiffs failure to establish the cause of her fall was fatal to her case {see Amadio v Pathmark Stores, 253 AD2d 834 [1998]). The defendants demonstrated their prima facie entitlement to…

2Cases cited3 opinions

  1. Blanco v. OliveriAppellate Division of the Supreme Court of the State of New York · 2003
  2. Grob v. Kings Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
  3. Amadio v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by20 opinions

  1. Pena v. Women's Outreach Network, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Plowden v. Stevens Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  3. Denicola v. CostelloAppellate Division of the Supreme Court of the State of New York · 2007
  4. Knudsen v. Mamaroneck Post No. 90Appellate Division of the Supreme Court of the State of New York · 2012
  5. Asaro v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2006

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