Bonaventura v. Galpin
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 plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated September 19, 2011, which granted the defendant’s 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 denied.
Summary judgment is a drastic remedy that deprives a litigant of his or her day in court, and it “should only be employed when there is no doubt as to the absence of triable issues” (Andre v Pomeroy, 35…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Andre v. PomeroyNew York Court of Appeals · 1974
- Pearson v. Dix McBride, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
- Guadalupe v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boulos v. Lerner-HarringtonAppellate Division of the Supreme Court of the State of New York · 2015
- Caldara v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- Lorentz v. RuizAppellate Division of the Supreme Court of the State of New York · 2015
- Michalska v. Coney Island Site 1824 Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Butbul v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
2 more not listed; retrieve them via the Exa API.