Legal Opinion
Klembczyk v. DiNardo
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 17 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and complaint against defendant Joseph DiNardo reinstated. Memorandum: Supreme Court erred in granting the motion of Joseph DiNardo (defendant) for summary judgment dismissing the complaint against him. We note at the outset that the court failed to view the facts in the light most favorable to the party opposing the motion (see, Victor Temporary Servs. v Slattery, 105 AD2d 1115, 1117) and in basing its decision in part upon facts outside the record.
Defendant was plaintiffs counsel in a personal injury action and continued to…
2Cases cited4 opinions
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Victor Temporary Services v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1984
- Berner v. Moore Business Forms, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- In re CreaserAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by17 opinions
- Childers v. New York & Presbyterian HospitalDistrict Court, S.D. New York · 2014
- Saltz v. FIRST FRONTIER, LPDistrict Court, S.D. New York · 2010
- Wilson v. DantasCourt of Appeals for the Second Circuit · 2014
- Citipostal, Inc. v. Unistar LeasingAppellate Division of the Supreme Court of the State of New York · 2001
- Burrell v. State Farm & Casualty Co.District Court, S.D. New York · 2002
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