Sutherland v. Whylie
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 defendant Sylvia Whylie appeals from an order of the Supreme Court, Kings County (Hall, J.), dated December 22, 2000, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
Ordered that the order is affirmed, with costs.
As the party seeking summary judgment, the appellant had the burden of demonstrating her entitlement thereto as a matter of law (see, Smith v AT&T Resource Mgt. Corp., 259 AD2d 480). Moreover, “ ‘[a]s a general rule, a party does not carry its burden…
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- Pace v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Mikolajczyk v. M.C. Morgan Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Dorestant v. Snow, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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- Wright v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- Fuentes v. Ardenwood EnterprisesAppellate Division of the Supreme Court of the State of New York · 2010
- Mahautiere v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
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