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Micari v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 821 (N.Y. App. Div. 2007)

Opinion

No. 2006-06555.

November 27, 2007.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated June 9, 2006, which granted the plaintiffs motion for summary judgment on the issue of liability.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Victoria Scalzo of counsel), for appellant.

Apicella Schlesinger, New York, N.Y. (Alan C. Kestenbaum of counsel), for respondent.

Before: Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of his entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324), and the defendant failed to raise any issue of fact in opposition thereto. Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the issue of liability.


Summaries of

Micari v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 821 (N.Y. App. Div. 2007)
Case details for

Micari v. City of New York

Case Details

Full title:PAUL MICARI, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Nov 27, 2007

Citations

45 A.D.3d 821 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9374
845 N.Y.S.2d 747