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Foster v. Clifford

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 879 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Order and Judgment of Supreme Court, Steuben County, Scudder, J. — Summary Judgment.

PRESENT: LAWTON, J. P., HAYES, PIGOTT, JR., HURLBUTT AND BALIO, JJ.


Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. The proponent of a motion for summary judgment has the burden to "make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case" (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Defendant failed to establish that it did not violate Hornell City Code § 267-5 or that, even if it did violate that provision, such violation was not a cause of the accident. Thus, defendant failed to meet its burden.


Summaries of

Foster v. Clifford

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 879 (N.Y. App. Div. 1999)
Case details for

Foster v. Clifford

Case Details

Full title:KATHLEEN K. FOSTER, PLAINTIFF-APPELLANT, v. BRIAN T. CLIFFORD…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 879 (N.Y. App. Div. 1999)
698 N.Y.S.2d 204