Legal Opinion
Rosario v. Montalvo & Son Auto Repair Center, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 2014Published
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Montalvo & Son Auto Repair Center, Ltd., appeals from an amended judgment of the Supreme Court, Kings County (F. Rivera, J.), dated September 27, 2012, which, upon (a) an order of the same court (Saitta, J.), dated October 27, 2011, granting the plaintiffs motion for summary judgment on the issue of liability and dismissing the affirmative defenses of contributory negligence and assumption of risk, (b) the denial of its motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted…
2Cases cited5 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Luscher v. ArruaAppellate Division of the Supreme Court of the State of New York · 2005
- O'Gorman v. Journal News WestchesterAppellate Division of the Supreme Court of the State of New York · 2003
- Lutheran Medical Center v. Hereford InsuranceAppellate Division of the Supreme Court of the State of New York · 2007