Legal Opinion
Stile v. Jen Marine Development, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2010PublishedCited by 5 opinions
1Opinion of the Court
As the Supreme Court reviewed the merits on the plaintiffs’ motion for leave to reargue, the court, in effect, granted reargument and adhered to its original determination. Therefore, the order dated November 25, 2008, made upon reargument, is appealable (see Matter of Mattie M. v Administration for Children’s Servs., 48 AD3d 392, 393 [2008]; McNeil v Dixon, 9 AD3d 481 [2004]).
The defendant established its entitlement to judgment as a matter of law by demonstrating, prima facie, that it did not create and did not have actual or constructive notice of the presence of two raised or popped…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- McNeil v. DixonAppellate Division of the Supreme Court of the State of New York · 2004
- Dennehy-Murphy v. Nor-Topia Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Mattie M. v. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Matter of Infinity Indem. Ins. Co. v. LeoAppellate Division of the Supreme Court of the State of New York · 2023
- Mondesir v. SterlingAppellate Division of the Supreme Court of the State of New York · 2017
- Cannella v. SpectorAppellate Division of the Supreme Court of the State of New York · 2018
- Perez v. Downstate Internal Medicine AssociatesAppellate Division of the Supreme Court of the State of New York · 2010
- Starzyk v. HeslingaAppellate Division of the Supreme Court of the State of New York · 2019