Black v. Loomis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 28, 1995, which granted defendant-respondent’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
While plaintiff is correct in noting that the plaintiff in a wrongful death action is not held to as high a degree of proof as the plaintiff in a personal injury action (Noseworthy v City of New York, 298 NY 76), plaintiff is still obliged to provide some proof from which negligence could reasonably be inferred (see, Wright v New York City Hous. Auth., 208 AD2d 327).…
2Cases cited4 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Wright v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Abish v. CettaAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- DeRosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Gherghinoiu v. Atco Properties & Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Morgan v. CandiaAppellate Division of the Supreme Court of the State of New York · 2010