Legal Opinion

Carrington-White v. Malvey

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

Decided October 20, 2009Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated June 25, 2008, which granted the plaintiffs motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In response to the plaintiffs demonstration of her entitlement to judgment as a matter of law on the issue of liability, the defendant failed to submit evidence sufficient to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). The defendant’s contention that she must…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Woods v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Empire Insurance v. LackowitzAppellate Division of the Supreme Court of the State of New York · 2009

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