Legal Opinion

Black v. Loomis

Appellate Division of the Supreme Court of the State of New York

Decided February 27, 1997PublishedCited by 3 opinions

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

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
  3. Wright v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  4. Abish v. CettaAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. DeRosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Gherghinoiu v. Atco Properties & Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Morgan v. CandiaAppellate Division of the Supreme Court of the State of New York · 2010

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