Legal Opinion

Gonzalez v. 98 Mag Leasing Corp.

New York Court of Appeals

Decided June 15, 2000PublishedCited by 98 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In this personal injury action, the issues presented are whether the trial court abused its discretion by entertaining defendants’ cross motion for summary judgment more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]) and whether summary judgment was properly granted as a matter of law. We answer that there was no abuse of discretion and that defendants were entitled to summary judgment.

While delivering food in Brooklyn, plaintiff Girino Gonzalez, an employee of third-party defendant Golden Nut, Inc., was struck by a truck owned by…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Rule Resources, Ltd. v. Reliance Group, Inc.New York Court of Appeals · 1980

3Cited by98 opinions

  1. Brill v. City of New YorkNew York Court of Appeals · 2004
  2. Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  4. Pena v. Women's Outreach Network, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Trump Village Section 3, Inc. v. New York State Housing Finance AgencyAppellate Division of the Supreme Court of the State of New York · 2003

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