Legal Opinion
Gecaj v. DiFiglio
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2003PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for *549personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered April 26, 2002, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint. The defendant failed to sustain his initial burden of demonstrating] the absence of a triable issue of fact as to whether he exercised due care to avoid the subject accident (see Winegrad v New York…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Kiernan v. HendrickAppellate Division of the Supreme Court of the State of New York · 1986
- Ruocco v. MulhallAppellate Division of the Supreme Court of the State of New York · 2001
- Charles v. BallAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by3 opinions
- Vanni v. BartmanAppellate Division of the Supreme Court of the State of New York · 2005
- Paulin v. NeedhamAppellate Division of the Supreme Court of the State of New York · 2006
- Milano v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2007