Legal Opinion

Brennan v. McCarthy

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

Decided November 23, 1998PublishedCited by 6 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 26, 1997, which granted those branches of the plaintiffs’ motion which were to strike the defendants’ answer and for summary judgment on the issue of liability.

Ordered that the order is reversed, as a matter of discretion, with costs, those branches of the plaintiffs’ motion which were to strike the defendants’ answer and for summary judgment on the issue of liability are denied, the answer is reinstated, and the matter is…

2Cases cited2 opinions

  1. Delaney v. Automated Bread Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Stathoudakes v. Kelmar Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by6 opinions

  1. Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  2. DeCintio v. AhmedAppellate Division of the Supreme Court of the State of New York · 2000
  3. Avenue C Construction, Inc. v. GassnerAppellate Division of the Supreme Court of the State of New York · 2003
  4. Hinds v. Price ClubAppellate Division of the Supreme Court of the State of New York · 2003
  5. Ragubir v. 44 Court StreetAppellate Division of the Supreme Court of the State of New York · 2009

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