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Vizcaino v. Gordon and Thomas Companies, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 530 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Supreme Court, Queens County (Goldstein, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondent, the branch of the appellant's motion which was for summary judgment dismissing the complaint insofar as it is asserted against it is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

In moving for summary judgment, the defendant Sani-Wash, Inc. established the lack of merit of the plaintiff's cause of action as against it ( see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966; Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Consequently, since this lack of merit was not effectively rebutted, the complaint is dismissed as against the defendant Sani-Wash, Inc. Rosenblatt, J.P., Ritter, Copertino and Joy, JJ., concur.


Summaries of

Vizcaino v. Gordon and Thomas Companies, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 530 (N.Y. App. Div. 1996)
Case details for

Vizcaino v. Gordon and Thomas Companies, Inc.

Case Details

Full title:BARBARA VIZCAINO, Respondent, v. GORDON AND THOMAS COMPANIES, INC., et…

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 530 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1023