Bunk v. Blue Cross & Blue Shield of Utica-Watertown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant’s motion for summary judgment but erred in granting plaintiffs’ cross motion for summary judgment. “On a motion for summary judgment, the court should accept as true the evidence submitted by the opposing party and any evidence of the movant which favors the opposing party” (O’Sullivan v Presbyterian *863Hosp., 217 AD2d 98, 101). In granting plaintiffs’ cross motion, the court erroneously disregarded the opinion of defendant’s expert,…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- O'Sullivan v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Leberman v. GlickAppellate Division of the Supreme Court of the State of New York · 2022
- Sloman v. First Fortis Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Corvino v. Mount Pleasant Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Humbolt v. ParmeterAppellate Division of the Supreme Court of the State of New York · 2021