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Erxleben v. Poland Springs Corporation

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 699 (N.Y. App. Div. 1995)

Opinion

April 24, 1995

Appeal from the Supreme Court, Queens County (Dunkin, J.).


Ordered that the orders are affirmed, with one bill of costs.

The Supreme Court properly determined that the defendants failed to raise any issue of fact with respect to their sole liability for the plaintiff's injuries after the plaintiff had made out a prima facie case for summary judgment. Thus, summary judgment was properly granted to the plaintiff (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 321; see also, Zuckerman v City of New York, 49 N.Y.2d 557). Sullivan, J.P., O'Brien, Thompson and Hart, JJ., concur.


Summaries of

Erxleben v. Poland Springs Corporation

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 699 (N.Y. App. Div. 1995)
Case details for

Erxleben v. Poland Springs Corporation

Case Details

Full title:JAMES ERXLEBEN, Respondent, v. POLAND SPRINGS CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 1995

Citations

214 A.D.2d 699 (N.Y. App. Div. 1995)
625 N.Y.S.2d 951