Smith v. D.L. Peterson Trust
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant D.L. Peterson Trust appeals from an order of the Supreme Court, Kings County (Garry, J.), dated September 22, 1997, which (1) granted the plaintiffs motion for summary judgment on the issue of liability against it and (2) denied its cross motion for leave to amend its answer to assert an affirmative defense of nonpermissive use and for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is modified by deleting the provision thereof granting the plaintiffs’ motion for summary…
2Cases cited8 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Leotta v. PlessingerNew York Court of Appeals · 1960
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Green Bus Lines, Inc. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
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