Appellate Division of the Supreme Court of New York, 2001

Gadayeva v. Dan's Supreme Supermarkets, Inc.

Appellate Division of the Supreme Court of New York · Decided August 20, 2001

286 A.D.2d 415; 729 N.Y.S.2d 895; 2001 N.Y. App. Div. LEXIS 8113

Cases that cite this one

1 later published case cites this decision.

Anunziato v. Kar Grabber Manufacturing Co. (Appellate Division of the Supreme Court of New York 2002)

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, Queens County (Polizzi, J.), dated June 23, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendant’s motion for summary judgment, as it failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557; Gladstone v Burger King Corp., 261 AD2d 357; Goldman v *416Waldbaum, 248 AD2d 436). The order must therefore be reversed and the motion denied. Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.