Fernandez v. Jeune
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Luz Martinez appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated March 24, 2009, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her.
Ordered that the order is affirmed, with one bill of costs to the plaintiff-respondent and the defendants-respondents Paul Essai and Marcaisse Cherident appearing separately and filing separate briefs.
The defendant Luz Martinez failed to make a prima facie showing of entitlement to judgment as a matter of law (see *538Winegr…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- O'Sullivan v. KimAppellate Division of the Supreme Court of the State of New York · 2002
- Eltahan v. RejouisAppellate Division of the Supreme Court of the State of New York · 2004