Appellate Division of the Supreme Court of New York, 2011

Mackenzie v. City of New York

Appellate Division of the Supreme Court of New York · Decided February 8, 2011

81 A.D.3d 699; 916 N.Y.S.2d 511

Cases that cite this one

22 later published cases cite this decision.

Mu-Jin Chen v. Cardenia (Appellate Division of the Supreme Court of New York 2016)
Mu-Jin Chen v. Cardenia (Appellate Division of the Supreme Court of New York 2016)
Gorenkoff v. Nagar (Appellate Division of the Supreme Court of New York 2014)
Berish v. Vasquez (Appellate Division of the Supreme Court of New York 2014)
Smith v. Omanes (Appellate Division of the Supreme Court of New York 2014)
Arias v. Tiao (Appellate Division of the Supreme Court of New York 2014)
Incle v. Byrne-Lowell (Appellate Division of the Supreme Court of New York 2014)
Incle v. Byrne-Lowell (Appellate Division of the Supreme Court of New York 2014)
Fried v. Misser (Appellate Division of the Supreme Court of New York 2014)
Fried v. Misser (Appellate Division of the Supreme Court of New York 2014)
Jones v. Vialva-Duke (Appellate Division of the Supreme Court of New York 2013)
Jones v. Vialva-Duke (Appellate Division of the Supreme Court of New York 2013)
Lu Yuan Yang v. Howsal Cab Corp. (Appellate Division of the Supreme Court of New York 2013)
Lu Yuan Yang v. Howsal Cab Corp. (Appellate Division of the Supreme Court of New York 2013)
Lanigan v. Timmes (Appellate Division of the Supreme Court of New York 2013)
Lanigan v. Timmes (Appellate Division of the Supreme Court of New York 2013)
Calcano v. Rodriguez (Appellate Division of the Supreme Court of New York 2012)
Winter v. Black (Appellate Division of the Supreme Court of New York 2012)
Graeber-Nagel v. Naranjan (Appellate Division of the Supreme Court of New York 2012)
Graeber-Nagel v. Naranjan (Appellate Division of the Supreme Court of New York 2012)
Rodgers v. Duffy (Appellate Division of the Supreme Court of New York 2011)
Cohn v. Khan (Appellate Division of the Supreme Court of New York 2011)

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, Rings County (Sherman, J.), dated May 7, 2010, which denied her cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In support of her cross motion for summary judgment on the issue of liability, the plaintiff failed to make a prima facie showing that she was free from comparative fault (see Singh v Doo *700Jae Lee, 76 AD3d 555 [2010]; Roman v A1 Limousine, Inc., 76 AD3d 552 [2010]; Yuen Lum v Wallace, 70 AD3d 1013 [2010]; Sale v Lee, 49 AD3d 854 [2008]; Valore v McIntosh, 8 AD3d 662 [2004]). As such, the plaintiff failed to establish, prima facie, her entitlement to judgment as a matter of law on the issue of the defendant’s liability (see Thoma v Ronai, 82 NY2d 736 [1993]; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Since the plaintiff failed to meet her burden, we need not review the sufficiency of the defendant’s opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the plaintiffs cross motion for summary judgment on the issue of liability. Florio, J.P., Eng, Belen and Austin, JJ., concur.

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