Legal Opinion
Feitner v. Town of Smithtown
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2005PublishedCited by 6 opinions
1Opinion of the Court
*432In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Oliver, J.), dated January 13, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Although the defendants’ motion for summary judgment was technically premature since issue had not yet been joined (see CPLR 3212 [a]), under the particular facts of this case, where the plaintiff was clearly on notice that the motion was made pursuant to CPLR 3212, submitted opposition papers thereto,…
2Cases cited4 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- MacChirole v. GiamboiNew York Court of Appeals · 2001
- Hickey v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
- Roman v. AinechiAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by6 opinions
- Mancuso v. RubinAppellate Division of the Supreme Court of the State of New York · 2008
- Petrozza v. FranzenAppellate Division of the Supreme Court of the State of New York · 2013
- Takhalov v. RottenbergAppellate Division of the Supreme Court of the State of New York · 2015
- Tolpygina v. TeperAppellate Division of the Supreme Court of the State of New York · 2009
- Jones v. AdamsAppellate Division of the Supreme Court of the State of New York · 2022
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