Legal Opinion
Abbenante v. Larry E. Tyree Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1996PublishedCited by 14 opinions
1Opinion of the Court
The plaintiff Michael T. Abbenante allegedly sustained injuries when he tripped over a defective piece of concrete at the North County Complex in Hauppaugue. In support of its motion for summary judgment, the appellant submitted proof in admissible form that it had not performed work at the site at which Abbenante was injured. Thus, the appellant established a prima facie right to judgment as a matter of law (see, Kennerly v Campbell Chain Co., 133 AD2d 669, 670; Megginson v Rose, 121 AD2d 608).
Moreover, the plaintiffs’ evidence that the appellant could *530have been involved in construction of…
2Cases cited3 opinions
- Kennerly v. Campbell Chain Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Jones v. GamerayAppellate Division of the Supreme Court of the State of New York · 1989
- Megginson v. RoseAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by14 opinions
- Aversano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Pina v. MerollaAppellate Division of the Supreme Court of the State of New York · 2006
- Kershis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Megna v. Newsday, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Soto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
9 more not listed; retrieve them via the Exa API.