Legal Opinion
Kleinmunz v. Katz
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1993PublishedCited by 12 opinions
1Opinion of the Court
— In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered August 7, 1990, which, upon granting the defendants’ motion pursuant to CPLR 4401 to dismiss the complaint for failure to establish a prima facie case made at the close of the plaintiff’s case, dismissed the complaint and all cross claims.
Ordered that the judgment is affirmed, without costs and disbursements.
It is well settled that a motion pursuant to CPLR 4401 to dismiss for failure to establish a prima facie case should be granted if there…
2Cases cited3 opinions
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Wragge v. Lizza Asphalt Construction Co.New York Court of Appeals · 1966
- Gruntz v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by12 opinions
- Carlino v. Triboro Coach Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- DiGiovanni v. RauschAppellate Division of the Supreme Court of the State of New York · 1996
- Furio v. Palm Beach Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Royal Insurance Co. of America v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Schafer v. Standard Railway Fusee Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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