Paulin v. Needham
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 plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated November 17, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
It is fundamental that “summary judgment should only be granted where there are no material and triable issues of fact” (Stretch v Tedesco, 263 AD2d 538 [1999]; see Andre v Pomeroy, 35 NY2d 361 [1974]) and that “issue finding, as opposed…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Andre v. PomeroyNew York Court of Appeals · 1974
- Kiernan v. HendrickAppellate Division of the Supreme Court of the State of New York · 1986
- Judice v. DeAngeloAppellate Division of the Supreme Court of the State of New York · 2000
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