Appellate Division of the Supreme Court of New York, 2002

Cincotta v. City of New York

Appellate Division of the Supreme Court of New York · Decided March 25, 2002

292 A.D.2d 558; 739 N.Y.S.2d 594; 2002 N.Y. App. Div. LEXIS 3165

Cases that cite this one

7 later published cases cite this decision.

Solis v. Aguilar (Appellate Division of the Supreme Court of New York 2022)
Deutsche Bank Natl. Trust Co. v. Starr (Appellate Division of the Supreme Court of New York 2019)
Doe v. Orange-Ulster Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2004)
Daries v. Haym Solomon Home for Aged (Appellate Division of the Supreme Court of New York 2004)
Silverman v. Sciartelli (Appellate Division of the Supreme Court of New York 2003)
Simon v. Simon (Appellate Division of the Supreme Court of New York 2002)
Jablonski v. Fulton Corners Inc. (Civil Court of the City 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 *559recover damages for personal injuries, the defendants VRD Construction Corp., Bruzzese & Sons Construction Corp., and Vincent Bruzzese appeal from so much of an order of the Supreme Court, Kangs County (Bruno, J.), dated May 7, 2001, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The appellants failed to satisfy their initial burden of making a prima facie showing of entitlement to judgment as a matter of law, by eliminating any triable issues of fact from the case (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). Since the appellants’ motion was based solely on claimed deficiencies in the plaintiffs proof, it was properly denied, without regard to the sufficiency of the opposing papers (see Carrington v Commissioner of Westchester County Correctional Facility, 278 AD2d 352; Sterling v Town of Hempstead, 260 AD2d 628). Feuerstein, J.P., Krausman, Schmidt and Cozier, JJ., concur.

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