PRESTON, TRACY v. APCH, INC.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
Plaintiff commenced this action seeking damages for the wrongful death and conscious pain and suffering of plaintiffs decedent resulting from an accident that occurred while he was an employee of defendant Alstom Power, Inc. (Alstom). Defendants moved to dismiss the amended complaint against them, and Supreme Court granted that part of the motion with respect to the seventh cause of action against the three defendants to the extent that it seeks discovery, a procedural rather than a substantive remedy, and thus “fails to state a claim for which relief may be…
2Cases cited16 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- James v. PowellNew York Court of Appeals · 1967
- Amorelli v. BermanNew York Court of Appeals · 1967
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- REYNOLDS, ROBERT A. v. FERRANTE, D.C., CHRISTOPHER S.Appellate Division of the Supreme Court of the State of New York · 2013
- D'AMICO, APRIL v. CORRECTIONAL MEDICAL CARE, INC.Appellate Division of the Supreme Court of the State of New York · 2014
- D'Amico v. Correctional Medical Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- D'Amico v. Correctional Medical Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Mansour v. Paddock Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
4 more not listed; retrieve them via the Exa API.