Bender v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal and cross appeal from an order of Supreme Court, Erie County (O’Donnell, J.), entered July 16, 2001, which, inter alia, denied the motion of defendant John D. Gill for summary judgment, dismissing the complaint and cross claim against him.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of plaintiffs cross motion seeking partial summary judgment on liability against defendants and striking the first affirmative defense of defendant John D. Gill, alleging culpable conduct by plaintiff, and reinstating…
2Cases cited6 opinions
- Pitchure v. Kandefer Plumbing & HeatingAppellate Division of the Supreme Court of the State of New York · 2000
- Jones v. EganAppellate Division of the Supreme Court of the State of New York · 1998
- Rodriguez-Johnson v. HuntAppellate Division of the Supreme Court of the State of New York · 2001
- Gubala v. GeeAppellate Division of the Supreme Court of the State of New York · 2003
- Bellavia v. GreenoughAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by2 opinions
- Greene v. SivretAppellate Division of the Supreme Court of the State of New York · 2007
- Kress v. AllenAppellate Division of the Supreme Court of the State of New York · 2004