Legal Opinion
Kolosovskiy v. Vitale
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2004PublishedCited by 9 opinions
1Opinion of the Court
an action, inter aha, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Jones, J.), dated October 9, 2003, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
As the moving party on a motion for summary judgment, the defendant bore the prima facie burden of establishing entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The defendant, who concededly failed to raise the issue of notice or foreseeability (see…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by9 opinions
- Demant v. RochevetAppellate Division of the Supreme Court of the State of New York · 2007
- Bloechle v. RanieriAppellate Division of the Supreme Court of the State of New York · 2005
- Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Polatsek v. Congregation Bais AryeAppellate Division of the Supreme Court of the State of New York · 2008
- Keys v. PV Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2022
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