Legal Opinion

Fabian v. Sunbury Footaction, Inc.

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

Decided March 4, 2002PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Sun-bury Footaction, Inc., appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated November 30, 2000, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

After the appellant established its prima facie entitlement to judgment as a matter of law,…

2Cases cited4 opinions

  1. Binensztok v. StoresAppellate Division of the Supreme Court of the State of New York · 1996
  2. Maravalli v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Meyer v. TynerAppellate Division of the Supreme Court of the State of New York · 2000
  4. Lamia v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. Pirie v. KrasinskiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Jones v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  3. Borra v. Walden Books, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Cottone v. C & C Spirits, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Willis v. Barnes and Noble, Inc.Appellate Terms of the Supreme Court of New York · 2007

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