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Cooper v. 40 Clarkson Avenue Owners Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 622 (N.Y. App. Div. 2007)

Opinion

No. 2006-05796.

November 13, 2007.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County, dated April 27, 2006, which, upon a jury verdict, is in favor of the defendants and against him, in effect, dismissing the complaint. The appeal brings up for review the issues raised on the defendants' appeal from so much of an order of the same court dated January 3, 2006, as denied that branch of their motion which was for summary judgment dismissing the complaint (see CPLR 5501 [a] [1]).

Lipsig, Shapey, ManusMoverman, P.C. (Alan M. Shapey, Alan R. Inwood, and Pollack, Pollack, IsaacDe Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.

Kaufman BorgeestRyan LLP, Valhalla, N.Y. (Jacqueline Mandell of counsel), for respondents.

Before: Prudenti, P.J., Fisher, Dillon and Carni, jj., concur.


Ordered that the judgment is affirmed, with costs.

The plaintiff's sole contention, on his appeal from the judgment, that the verdict sheet submitted to the jury contained a fundamental error, does not require reversal.

In light of our determination, the parties' remaining contentions as to whether the Supreme Court should have granted the defendants' pretrial motion for summary judgment dismissing the complaint have been rendered academic.


Summaries of

Cooper v. 40 Clarkson Avenue Owners Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 622 (N.Y. App. Div. 2007)
Case details for

Cooper v. 40 Clarkson Avenue Owners Corp.

Case Details

Full title:WESLEY COOPER, Appellant, v. 40 CLARKSON AVENUE OWNERS CORP. et al.…

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 622 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8984
844 N.Y.S.2d 888

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