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Lokensky v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 364 (N.Y. App. Div. 2000)

Opinion

Argued December 7, 1999

February 10, 2000

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated November 20, 1998, as granted the cross motion of the defendants Marco Feldi, Martin Feldi, and Marianne Feldi for summary judgment dismissing the complaint insofar as asserted against them.

David M. Bushman, Nanuet, N.Y., for appellant.

McCormack, Damiani, Lowe Mellion, New City, N.Y. (Stephen B. Lowe of counsel), for respondents.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT and NANCY E. SMITH, JJ.


DECISION ORDER

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

After the respondents made a prima facie showing that they were entitled to summary judgment as a matter of law (see, Bittrolff v. Ho's Dev. Corp., 77 N.Y.2d 896 ; Fisher v. Braun, 227 A.D.2d 586 ; Mullen v. Zoebe, Inc., 205 A.D.2d 597, affd 86 N.Y.2d 135 ), the plaintiff failed to demonstrate the existence of a triable issue of fact.

The plaintiff's remaining contentions are either not properly before this court or without merit.


Summaries of

Lokensky v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 364 (N.Y. App. Div. 2000)
Case details for

Lokensky v. Town of Clarkstown

Case Details

Full title:ALLEN LOCKENSKY, appellant, v. TOWN OF CLARKSTOWN, et al., defendants…

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 364 (N.Y. App. Div. 2000)
702 N.Y.S.2d 865