Legal Opinion

Balanca v. M. Foschi & Sons, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2003Published

1Opinion of the Court

In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated February 27, 2002, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that on a motion for summary judgment, the movant “must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to *417eliminate any material issues of fact from the…

2Cases cited11 opinions

Zuckerman v. City of New YorkNew York Court of Appeals · 1980
Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986

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