Munter v. Hubert
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 defendants appeal from an order of the Supreme Court, Queens County (Hart, J.), dated September 16, 2005, which granted the plaintiffs motion for summary judgment on the issue of liability and pursuant to CFLR 3211 (b) to dismiss their second and third affirmative defenses alleging comparative negligence.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment on the issue of liability and pursuant to CPLR 3211 (b) to dismiss the defendants’ second and third affirmative defenses alleging…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Cox v. NunezAppellate Division of the Supreme Court of the State of New York · 2005
- ADC Orange, Inc. v. Coyote Acres, Inc.New York Court of Appeals · 2006
- Borges v. ZukowskiAppellate Division of the Supreme Court of the State of New York · 2005