Quinn v. Broder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant has appealed from an order denying without prejudice his cross motion for summary judgment dismissing the complaint in this legal malpractice action. Although the order is appealable by defendant (see, Venetucci v Venetucci, 151 AD2d 472), the cross motion was properly denied because defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). We also reject plaintiff’s contention that Supreme Court erred in refusing to strike the answer based upon defendant’s failure to submit to an…
2Cases cited4 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Henry Rosenfeld, Inc. v. Bower & GardnerAppellate Division of the Supreme Court of the State of New York · 1990
- Klein v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1989
- Venetucci v. VenetucciAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
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- Coffee v. Tank Industry Consultants, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Coffee v. Tank Industry Consultants, Inc.Appellate Division of the Supreme Court of the State of New York · 2015