Legal Opinion
Vitality Chiropractic, P.C. v. New York Central Mutual Fire Insurance
Appellate Terms of the Supreme Court of New York
Decided August 20, 2007PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment reversed without costs and matter remanded to the court below for a new trial.
At the outset of the trial, the court accepted plaintiffs position that it had already established a prima facie case on the ground that another court, in denying plaintiffs prior motion for summary judgment, had noted that plaintiff established its prima facie case upon said motion thereby shifting the burden to defendant, which finding became the law of the case, obviating the necessity of further proof as to plaintiffs prima facie case at trial. In light of the foregoing,…
2Cases cited5 opinions
- People v. EvansNew York Court of Appeals · 2000
- Cushman & Wakefield Inc. v. 214 East 49th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Metropolitan Steel Industries, Inc. v. Perini Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Meekins v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2005
- Strouse v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
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- Island Life Chiropractic, P.C. v. Travelers Ins. Co.Appellate Terms of the Supreme Court of New York · 2019
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