Winters v. St. Vincent's Medical Center
Cases that cite this one
11 later published cases cite this decision.
- Amabile v. Honikman (New York Supreme Court, Kings County 2024)
- Williams v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Dolan v. Halpern (Appellate Division of the Supreme Court of New York 2010)
- Abalola v. Flower Hospital (Appellate Division of the Supreme Court of New York 2007)
- Marchetti v. East Rochester Central School District (Appellate Division of the Supreme Court of New York 2006)
- Johnston v. City of New York (Appellate Division of the Supreme Court of New York 2005)
- Cannon v. Amarante (Appellate Division of the Supreme Court of New York 2005)
- Figueroa v. Gallager (Appellate Division of the Supreme Court of New York 2005)
- Golubov v. Wolfson (Appellate Division of the Supreme Court of New York 2005)
- Araujo v. Brooklyn Martial Arts Academy (Appellate Division of the Supreme Court of New York 2003)
- Matacale v. County of Steuben (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated May 18, 1999, which granted the separate motions of the defendant and the third-party defendant for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with one bill of costs.
After the defendant and third-party defendant made out prima facie cases for summary judgment, the plaintiff, in opposition to the motions, alleged for the first time that she was forced to walk through an automatic vehicle gate in a parking lot because of negligent snow removal.
The Supreme Court appropriately refused to consider the allegation. A plaintiff cannot defeat an otherwise proper motion for summary judgment by asserting a new theory of liability for negligence for the first time in opposition to the motion (see, Scanlon v Stuyvesant Plaza, 195 AD2d 854; Alvarez v Lindsay Park Hous. Corp., 175 AD2d 225). Accordingly, the Supreme Court properly granted the motions for summary judgment.
The plaintiff’s remaining contentions are without merit. O’Brien, J. P., Goldstein, Luciano and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.