Legal Opinion
Pizzuto v. Poss
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993No. Appeal No. 1PublishedCited by 8 opinions
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting summary judgment to defendants. "[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324). Defendants failed to make the required showing. The photographs of the accident scene are not in admissible form and thus, may not be considered in…
2Cases cited3 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ayotte v. GervasioNew York Court of Appeals · 1993
- Horowitz v. Kevah Konner, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by8 opinions
- Pilarski v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Robbins v. Harris Beach & Wilcox, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Rogowicki v. Troser Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Doe v. LorichAppellate Division of the Supreme Court of the State of New York · 2005
- Lynch-Miller v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
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