Legal Opinion
Kipybida v. Good Samaritan Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2006PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated March 31, 2005, which granted the *545defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To establish a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty owned by the defendant to the plaintiff, a breach of that duty, and that the breach was a proximate cause of the plaintiff’s injuiy (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Vetrone v Ha Di Corp., 22…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Basso v. MillerNew York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Romano v. StanleyNew York Court of Appeals · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Albano v. Pete Milano's Discount Wines & LiquorsAppellate Division of the Supreme Court of the State of New York · 2007
- Dabnis v. West Islip Public LibraryAppellate Division of the Supreme Court of the State of New York · 2007
- Solan v. Great Neck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Rushton v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Graham v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2024