Legal Opinion
Batista v. Santiago
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2006PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered August 24, 2004, which, in an action for personal injuries sustained when the vehicle in which plaintiff was a passenger was hit in the rear by defendant-respondent’s vehicle, denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.
Plaintiff did not support the motion with evidentiary proof in admissible form (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]), but instead relied on an attorney’s affirmation (see id. at 563) and hearsay portions of a police accident report (see Conners v…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Azzopardi v. American Blower Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Conners v. Duck's Cesspool Service, Ltd.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by10 opinions
- Kennelly v. Mobius Realty Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Damas v. ValdesAppellate Division of the Supreme Court of the State of New York · 2011
- Guccione v. Estate of GuccioneAppellate Division of the Supreme Court of the State of New York · 2011
- Thorne v. Cauldwell Terrace Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Guideone Insurance v. Evangelical Lutheran Bethlehem Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 2008
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