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Sanchez v. Goodwill Indus. of Greater N.Y. & N. N.J., Inc.

Supreme Court, Appellate Division, Second Department, New York.
Apr 2, 2014
116 A.D.3d 687 (N.Y. App. Div. 2014)

Opinion

2014-04-2

Marilu SANCHEZ, respondent, v. GOODWILL INDUSTRIES OF GREATER NEW YORK and Northern New Jersey, Inc., appellant, et al., defendant.

Malapero & Prisco LLP, New York, N.Y. (Elio M. Di Berardino of counsel), for appellant. Hecht, Kleeger, Pintel & Damashek (Ephrem J. Wertenteil, New York, N.Y., of counsel), for respondent.


Malapero & Prisco LLP, New York, N.Y. (Elio M. Di Berardino of counsel), for appellant. Hecht, Kleeger, Pintel & Damashek (Ephrem J. Wertenteil, New York, N.Y., of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (James J. Golia, J.), dated May 1, 2012, as denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc.

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

In support of their motion, the defendants made a prima facie showing of entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc. (hereinafter Goodwill) ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572). However, in opposition, the plaintiff raised a triable issue of fact ( see CPLR 3212 [b]; Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718). Accordingly, the Supreme Court properly denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against Goodwill. RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.


Summaries of

Sanchez v. Goodwill Indus. of Greater N.Y. & N. N.J., Inc.

Supreme Court, Appellate Division, Second Department, New York.
Apr 2, 2014
116 A.D.3d 687 (N.Y. App. Div. 2014)
Case details for

Sanchez v. Goodwill Indus. of Greater N.Y. & N. N.J., Inc.

Case Details

Full title:Marilu SANCHEZ, respondent, v. GOODWILL INDUSTRIES OF GREATER NEW YORK and…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 2, 2014

Citations

116 A.D.3d 687 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 2279
982 N.Y.S.2d 782