From Casetext: Smarter Legal Research

Reed v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 563 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


In an action to recover damages for personal injuries, the defendant Ryder Truck Leasing/Rental/Transportation Resources, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated April 16, 1996, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly denied the motion by the defendant Ryder Truck Leasing/Rental/Transportation Resources, Inc. (hereinafter Ryder), for summary judgment dismissing the complaint ( see, CPLR 3212) inasmuch as Ryder failed to establish a prima facie entitlement to judgment as a matter of law ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v City of New York, 49 N.Y.2d 557; see also, CPLR 3212 [f]; Urcan v. Cocarelli, 234 A.D.2d 537). Bracken, J.P., Copertino, Santucci and McGinity, JJ., concur.


Summaries of

Reed v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 563 (N.Y. App. Div. 1997)
Case details for

Reed v. City of New York

Case Details

Full title:ROBERT REED, Respondent, v. CITY OF NEW YORK, Defendant, and RYDER TRUCK…

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 563 (N.Y. App. Div. 1997)
657 N.Y.S.2d 968