Santigate v. Linsalata
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 plaintiffs appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), dated February 6, 2002, which denied their motion to dismiss the defendants’ fourth affirmative defense, and granted the defendants’ cross motion for summary judgment dismissing the complaint on the basis of that defense.
Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a new determination of the motion and cross motion following a prompt application to the…
2Cases cited14 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Botwinick v. OgdenNew York Court of Appeals · 1983
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- In Re the Claim of ScatolaNew York Court of Appeals · 1940
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