Legal Opinion
McLaughlin v. Lunn
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 2016No. 2015-02833PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (K. Murphy, J.), entered December 30, 2014, which granted the plaintiff’s motion for summary judgment on the issue of liability and denied, as academic, their cross motion for leave to amend their answer to assert the emergency doctrine as an additional affirmative defense.
Ordered that the order is affirmed, with costs.
A plaintiff in a personal injury action who moves for summary judgment on the issue of liability has the burden of establishing, prima facie, both that…
2Cases cited18 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Tutrani v. County of SuffolkNew York Court of Appeals · 2008
- Thoma v. RonaiNew York Court of Appeals · 1993
- Gambino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Scheker v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by5 opinions
- Ricciardi v. NelsonAppellate Division of the Supreme Court of the State of New York · 2016
- Bowen v. FarrellAppellate Division of the Supreme Court of the State of New York · 2016
- Moluh v. VordAppellate Division of the Supreme Court of the State of New York · 2016
- Capuozzo v. MillerAppellate Division of the Supreme Court of the State of New York · 2020
- Mirza v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2016