Legal Opinion

Guzzello v. Steinberg, Finneo, Berger, Barone & Fischoff, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2009PublishedCited by 1 opinion

1Opinion of the Court

The defendants Heath S. Berger and Steinberg, Finneo, Berger, Barone & Fischoff, P.C. (hereinafter the Berger firm), failed to establish their prima facie entitlement to summary judgment dismissing the appellants’ cross claims insofar as asserted against them (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Although Berger and the Berger firm established that the action insofar as asserted against them was time-barred, the appellants are not precluded from asserting the cross claims against Berger and the Berger firm (cf. Sommer *927v Federal Signal Corp., 79 NY2d 540, 558…

2Cases cited7 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. Harleysville Insurance v. RosarioAppellate Division of the Supreme Court of the State of New York · 2005
  4. Northrop v. ThorsenAppellate Division of the Supreme Court of the State of New York · 2007
  5. Hill v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by1 opinion

  1. County of Suffolk v. Love'M Sheltering, Inc.New York Supreme Court · 2010

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