Gaither v. Saga Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Di Tucci, J.), dated January 22, 1992, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
*240We agree with the determination of the Supreme Court that the evidence in the record, including Beulah Gaither’s affidavit and the EBT testimony of Ms. Gaither and of the defendant’s representative, sufficed to raise a triable issue of fact as to whether the defendant was responsible for the creation of…
2Cases cited8 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Hantz v. FishmanAppellate Division of the Supreme Court of the State of New York · 1989
- Huth v. Allied Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Fried v. BolanosAppellate Division of the Supreme Court of the State of New York · 1993
- Mickelson v. BabcockAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by6 opinions
- Chin v. Harp MarketingAppellate Division of the Supreme Court of the State of New York · 1996
- Roundpoint v. V.N.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Phillips v. SerilAppellate Division of the Supreme Court of the State of New York · 1994
- Seifert v. Arlona Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Weingrad v. Aguilar Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.