Legal Opinion
Scott v. Long Island Power Authority
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2002PublishedCited by 22 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Franco, J.), entered May 11, 2001, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
It is well established that on a motion for summary judgment the court is not to engage in the weighing of evidence. Rather, the court’s function is to determine whether “by no rational process could the trier of facts find for the nonmoving party” (Jastrzebski v North Shore School Dist., 223 AD2d 677, 678…
2Cases cited4 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Dolitsky v. Bay Isle Oil Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Jastrzebski v. North Shore School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Daniels v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by22 opinions
- Ruiz v. GriffinAppellate Division of the Supreme Court of the State of New York · 2010
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
- LeBlanc v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2012
- Dykeman v. HehtAppellate Division of the Supreme Court of the State of New York · 2008
- Collado v. JiaconoAppellate Division of the Supreme Court of the State of New York · 2015
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