Appellate Division of the Supreme Court of New York, 2002

Darrow v. American National Red Cross

Appellate Division of the Supreme Court of New York · Decided June 10, 2002

295 A.D.2d 393; 743 N.Y.S.2d 297; 2002 N.Y. App. Div. LEXIS 5962

Cases that cite this one

1 later published case cites this decision.

American Express Centurion Bank v. Williams (Appellate Division of the Supreme Court of New York 2005)

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, Kings County (M. Garson, J.), dated January 10, 2001, 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 costs.

Based, in part, upon the deposition testimony of the plaintiffs *394decedent, the defendant and the third-party defendant made a prima facie showing of entitlement to summary judgment dismissing the complaint by demonstrating that the defendant neither created nor had notice of the alleged defective condition that caused the accident (see Gordon v American Museum of Natural History, 67 NY2d 836; Kraemer v K-Mart Corp., 226 AD2d 590). In opposition thereto, the plaintiffs proof merely raised feigned factual issues, and thus, was insufficient to defeat summary judgment (see McGuire v Quinnonez, 280 AD2d 587; Novoni v La Parma Corp., 278 AD2d 393; Martin v W.B. Rest., 269 AD2d 431).

Accordingly, the Supreme Court properly dismissed the complaint. Santucci, J.P., Smith, Goldstein and Friedmann, JJ., concur.

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