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Hanley v. Swift

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 621 (N.Y. App. Div. 2005)

Opinion

2004-00449.

February 28, 2005.

In an action to recover damages for wrongful death, the defendants Johanna L. Swift, Reynald Swift, and VT Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated December 2, 2003, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Before: H. Miller, J.P., Cozier, Ritter and Spolzino, JJ., concur.


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

Summary judgment may be granted only when no triable issue of fact exists ( see Alvarez v. Prospect Hosp., 68 NY2d 320). Contrary to the appellants' contention, the Supreme Court properly denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, since they failed to establish their prima facie entitlement to such relief.


Summaries of

Hanley v. Swift

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 621 (N.Y. App. Div. 2005)
Case details for

Hanley v. Swift

Case Details

Full title:KATHLEEN HANLEY, Respondent, v. JOHANNA L. SWIFT et al., Appellants, and…

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

Date published: Feb 28, 2005

Citations

15 A.D.3d 621 (N.Y. App. Div. 2005)
789 N.Y.S.2d 905