From Casetext: Smarter Legal Research

Vento v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1999
262 A.D.2d 309 (N.Y. App. Div. 1999)

Opinion

Argued April 20, 1999

June 1, 1999

In an action to recover damages for personal injuries, the defendants Joseph T. Gural and Iris Gural appeal from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated March 12, 1998, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar asserted against them.

Alio, Ronan, Ritzert, McDonnell Kehoe, Melville, N.Y. (Frank Falzone of counsel), for appellants.

Mark E. Weinberger, P.C., Great Neck, N.Y. (Marc J. Musman of counsel), for plaintiff-respondent.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Kristin M. Helmers of counsel), for defendant-respondent.

WILLIAM D. FRIEDMANN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The court erred when it denied the appellants' motion for summary judgment. The record is devoid of any proof that they were in any way responsible for the accident. A plaintiff cannot make belated assertions raising feigned issues in an attempt to avoid the consequences of dismissal ( see, Fontana v. Fortunoff, 246 A.D.2d 626; Miller v. City of New York, 214 A.D.2d 657; Garvin v. Rosenberg, 204 A.D.2d 388).


Summaries of

Vento v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1999
262 A.D.2d 309 (N.Y. App. Div. 1999)
Case details for

Vento v. City of New York

Case Details

Full title:DIANA VENTO, plaintiff-respondent, v. CITY OF NEW YORK…

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

Date published: Jun 1, 1999

Citations

262 A.D.2d 309 (N.Y. App. Div. 1999)
689 N.Y.S.2d 654

Citing Cases

Semerjian v. County of Suffolk

The defendants made a prima facie showing of entitlement to judgment as a matter of law by tendering…

Nieves v. ISS Cleaning Services Group, Inc.

ive years after the accident, and nine months after her deposition, in opposition to the respondents' prima…