Appellate Division of the Supreme Court of New York, 2005

Sorrentino v. Paganica

Appellate Division of the Supreme Court of New York · Decided May 31, 2005

18 A.D.3d 858; 796 N.Y.S.2d 667

Cases that cite this one

6 later published cases cite this decision.

Gorbatov v. Matfer Group (Appellate Division of the Supreme Court of New York 2016)
Hernandez v. Asoli (Appellate Division of the Supreme Court of New York 2019)
Balash v. Melrod (Appellate Division of the Supreme Court of New York 2018)
McGrath v. Oyster Bay Visiting Nurse Ass'n (Appellate Division of the Supreme Court of New York 2011)
Isselbacher v. Larry Lopez Truck Equipment Manufacturing Co. (Appellate Division of the Supreme Court of New York 2009)
Donuk v. Sears, Roebuck & Co. (Appellate Division of the Supreme Court of New York 2008)

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 defendant appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated July 15, 2004, which denied her motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

*859In opposition to the defendant’s prima facie demonstration that the sole proximate cause of the plaintiffs alleged injury was his own negligence in placing his fingers into the chute of the defendant’s snow blower, the plaintiff failed to raise a triable issue of fact (see Amaya v L’Hommedieu, 6 AD3d 638 [2004]; see also Liriano v Hobart Corp., 92 NY2d 232 [1998]; Derdiarian v Felix Contr. Corp., 51 NY2d 308 [1980]). Thus, the defendant’s motion for summary judgment dismissing the complaint should have been granted. Ritter, J.P., Goldstein, Luciano and Lifson, JJ., concur.

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