Legal Opinion

Vanderhurst v. Nobile

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

Decided July 8, 2015No. 2014-06105PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), entered April 30, 2014, as denied that branch of their motion which was for summary judgment dismissing the complaint.

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

A defendant seeking summary judgment bears the initial burden of demonstrating its entitlement to judgment as a matter of law by submitting evidentiary proof in admissible form (see Zuckerman v City of New York, 49 NY2d 557, 562…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Ruiz v. GriffinAppellate Division of the Supreme Court of the State of New York · 2010
  4. Collado v. JiaconoAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by5 opinions

  1. Katz v. BeilAppellate Division of the Supreme Court of the State of New York · 2016
  2. Setter v. Fire Island Ferries, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  3. D'Amico v. ZingaroAppellate Division of the Supreme Court of the State of New York · 2016
  4. Can Man Carting, LLC v. SpiezioAppellate Division of the Supreme Court of the State of New York · 2018
  5. UB Distribs., LLC v. S.K.I. Wholesale Beer Corp.Appellate Division of the Supreme Court of the State of New York · 2018

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