Legal Opinion

Branham v. Loews Orpheum Cinemas, Inc.

New York Court of Appeals

Decided April 3, 2007PublishedCited by 87 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The Appellate Division order should be affirmed with costs and the certified question not answered upon the ground that it is unnecessary. Viewing the evidence in the light most favorable to plaintiff, as we must on defendant’s motion for summary judgment (see Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 NY3d 96 [2006]), defendant Loews demonstrated its entitlement to summary judgment dismissing the complaint against it. In opposition, plaintiff failed to adduce sufficient evidence that Loews had actual or constructive notice of the…

2Cases cited4 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  3. Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
  4. Gilson v. Metropolitan OperaNew York Court of Appeals · 2005

3Cited by87 opinions

  1. Gronski v. County of MonroeNew York Court of Appeals · 2011
  2. Summer H. v. New York City Department of EducationNew York Court of Appeals · 2012
  3. Gulf Insurance v. Transatlantic Reinsurance Co.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Boderick v. R.Y. Management Co.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Broodie v. Gibco Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009

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