Legal Opinion

Gambale v. Sorensen

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

Decided May 30, 2000Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated April 23, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contentions, the defendant proffered sufficient evidence in admissible form to demonstrate his entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557). In opposition, the plaintiff failed to establish the existence of a triable issue of…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Hanak v. JaniAppellate Division of the Supreme Court of the State of New York · 1999
  4. Scheer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  5. Garcia v. MondragonAppellate Division of the Supreme Court of the State of New York · 1990

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