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Grey v. Kane

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 471 (N.Y. App. Div. 2004)

Opinion

2002-10018, 2003-01658.

Decided January 12, 2004.

In an action, inter alia, to recover damages for civil rights violations pursuant to 42 U.S.C. § 1983, the defendants appeal from (1) an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 4, 2002, which denied their motion for summary judgment dismissing the Federal civil rights cause of action, and (2) an order of the same court dated January 30, 2003, which granted their motion, in effect, for clarification of stated portions of the order dated October 4, 2002.

McCabe Mack, LLP, Poughkeepsie, N.Y. (David L. Posner of counsel), for appellants.

Durst, Apsan Bersin, New York, N.Y. (Andrew Bersin of counsel), for respondent.

Before: SONDRA MILLER and HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the appeal from the order dated January 30, 2003, is dismissed, as the defendants are not aggrieved thereby ( see CPLR 5511); and it is further,

ORDERED that the order dated October 4, 2002, is reversed, on the law, the motion for summary judgment is granted, and the Federal civil rights cause of action is dismissed; and it is further,

ORDERED that one bill of costs is awarded to the defendants.

In opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law with respect to the Federal civil rights cause of action, the plaintiff failed to raise a triable issue of fact ( see Cummings v. McIntire, 271 F.3d 341; Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the defendants' motion for summary judgment dismissing that cause of action should have been granted.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

Grey v. Kane

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 471 (N.Y. App. Div. 2004)
Case details for

Grey v. Kane

Case Details

Full title:CLARENCE GREY, respondent, v. H.E. KANE, appellants

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

Date published: Jan 12, 2004

Citations

3 A.D.3d 471 (N.Y. App. Div. 2004)
769 N.Y.S.2d 905