Appellate Division of the Supreme Court of New York, 2012

Magloire v. Sitner

Appellate Division of the Supreme Court of New York · Decided January 31, 2012

91 A.D.3d 919; 937 N.Y.2d 605

Cases that cite this one

3 later published cases cite this decision.

Leung v. Bolton (Appellate Division of the Supreme Court of New York 2012)
Bruno v. Golluscio (Appellate Division of the Supreme Court of New York 2013)
Bruno v. Golluscio (Appellate Division of the Supreme Court of New York 2013)

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

This action arises out of a three-car accident on July 6, 2008, on Coney Island Avenue, in Brooklyn. The defendant Valerie Mays cross-moved for summary judgment, in effect, dismissing the complaint and all cross claims insofar as asserted against her. In the order appealed from, the Supreme Court, among other things, denied the cross motion. We affirm the order insofar as appealed from by Mays.

In support of her cross motion, Mays submitted evidence that, in itself, demonstrated the existence of triable issues of fact as *920to whether she was negligent in the happening of the accident. Consequently, she failed to establish her prima facie entitlement to judgment as a matter of law, and the Supreme Court properly denied her cross motion, without regard to the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Darras v Romans, 85 AD3d 710, 712 [2011]). Balkin, J.E, Leventhal, Belen and Roman, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.