O'Leary v. Bravo Hylan, LLC
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 defendants appeal from an order of the Supreme Court, Richmond County (Maltese, J.), dated January 23, 2004, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants had the burden of establishing, prima facie, their entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). This burden is not met merely by citing gaps in the plaintiff’s case (see Katz v PRO Form Fitness, 3 AD3d 474, 475 [2004]; Saryian v Ramana, Inc., 305…
2Cases cited9 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
- Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
- Kucera v. Waldbaums SupermarketsAppellate Division of the Supreme Court of the State of New York · 2003
- Berkowitz v. Decker Transport Co.Appellate Division of the Supreme Court of the State of New York · 2004
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- Crosbie v. KBC Food Corp.Appellate Division of the Supreme Court of the State of New York · 2021
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