McDonald v. Snyder
Opinion of the Court
Appeal from an order of Supreme Court, Onondaga County (Murphy, J.), entered July 2, 2002, which denied defendant’s motion for summary judgment dismissing the amended complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly fell on defendant’s property. Supreme Court properly denied defendant’s motion for summary judgment dismissing the amended complaint. The verified amended complaint alleges that plaintiff fell on defendant’s property on August 14, 1998. Defendant’s affidavit and other proof submitted in support of the motion failed to rebut or effectively deny that allegation. Rather, defendant simply averred that she had no knowledge that plaintiff was on her property on the date in question or
Case-law data current through December 31, 2025. Source: CourtListener bulk data.