Baterna v. Maimonides Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kangs County (Schack, J.), dated June 8, 2015, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.
The defendant established its prima facie entitlement to judgment as a matter of law by submitting a transcript of the plaintiff’s deposition testimony, which demonstrated that the plaintiff was unable to identify the cause…
2Cases cited9 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Rivers v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Hyman v. Queens County Bancorp, Inc.New York Court of Appeals · 2004
- Dennis v. LakhaniAppellate Division of the Supreme Court of the State of New York · 2013
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