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Shepherd v. Larkin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2004
8 A.D.3d 1015 (N.Y. App. Div. 2004)

Opinion

CA 03-02075.

Decided June 14, 2004.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered November 25, 2002. The order granted defendant's motion for summary judgment dismissing the complaint in a personal injury action.

MILITELLO LAW OFFICES, WATERTOWN (SAMUEL P. MILITELLO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MITCHELL GORIS STOKES KNYCH, LLC, CAZENOVIA (MARK D. GORIS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, WISNER, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he allegedly sustained when he fell down the basement stairs of defendant's house. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Defendant failed to meet her initial burden on her motion ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 562), and we therefore do not address the sufficiency of plaintiff's opposing papers ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).


Summaries of

Shepherd v. Larkin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2004
8 A.D.3d 1015 (N.Y. App. Div. 2004)
Case details for

Shepherd v. Larkin

Case Details

Full title:RUSSELL R. SHEPHERD, PLAINTIFF-APPELLANT, v. PATRICIA LARKIN…

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

Date published: Jun 14, 2004

Citations

8 A.D.3d 1015 (N.Y. App. Div. 2004)
778 N.Y.S.2d 345

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