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Yandolino v. Gelco

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 223 (N.Y. App. Div. 2000)

Opinion

Submitted September 20, 2000.

November 6, 2000.

In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated December 3, 1999, as denied that branch of their motion which was for summary judgment dismissing the complaint.

Beoggeman, George, Hodges Corde, P.C., White Plains, N Y (Leslie K. Arfine of counsel), for appellants.

Siben Siben, LLP, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

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

The defendants failed to make a prima facie showing that they were not negligent in the happening of the accident. Accordingly, the Supreme Court properly denied that branch of their motion which was for summary judgment dismissing the complaint (see, Coley v. Michelin Tire Corp., 99 A.D.2d 795).


Summaries of

Yandolino v. Gelco

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 223 (N.Y. App. Div. 2000)
Case details for

Yandolino v. Gelco

Case Details

Full title:GIOVANNA YANDOLINO, ET AL., RESPONDENTS, v. GELCO CORP., ET AL., APPELLANTS

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 223 (N.Y. App. Div. 2000)
715 N.Y.S.2d 864