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VILLARINY S/H/A PANCHAULT v. AVEDA CORP. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)

Opinion

Argued June 1, 1999

August 9, 1999

Law Offices of Richard J. Baldwin, Hauppauge, N.Y. (Neil L. Coscio of counsel), for appellant.

Abbott Bushlow Pond, Ridgewood, N.Y. (Bruce E. Bushlow of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 28, 1998, which denied its motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established its entitlement to summary judgment by demonstrating that its product was not a proximate cause of the plaintiff's injuries, an essential element of her causes of action to recover damages for negligence and products liability ( see, Olsovi v. Salon DeBarney, 118 A.D.2d 839). In opposition to the defendant's motion, the plaintiff failed to come forward with evidence sufficient to raise a triable issue of fact regarding causation. Consequently, the Supreme Court erred in denying the motion.

The defendant's remaining contention is without merit.

ALTMAN, J.P., FRIEDMANN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

VILLARINY S/H/A PANCHAULT v. AVEDA CORP. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)
Case details for

VILLARINY S/H/A PANCHAULT v. AVEDA CORP. [2d Dept 1999

Case Details

Full title:LUZ F. VILLARINY, s/h/a MARILYN PANCHAULT, respondent, v. AVEDA…

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

Date published: Aug 9, 1999

Citations

(N.Y. App. Div. Aug. 9, 1999)