Testa v. East Meadow Union Free School District
Cases that cite this one
5 later published cases cite this decision.
- Kristina D. v. Nesaquake Middle School (Appellate Division of the Supreme Court of New York 2012)
- Kristina D. v. Nesaquake Middle School (Appellate Division of the Supreme Court of New York 2012)
- Farrell v. Marist Coll. (Appellate Division of the Supreme Court of New York 2026)
- Stach v. Warwick Valley Central School District (Appellate Division of the Supreme Court of New York 2013)
- Stach v. Warwick Valley Central School District (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
In opposition, the plaintiffs failed to raise a triable issue of fact. The opinion of the plaintiffs’ expert, submitted in opposition to the motion, was insufficient to raise a triable issue of fact, as it was not in admissible form (see CPLR 2106; Doumanis v Conzo, 265 AD2d 296 [1999]; see also Moore v 3 Phase Equestrian Ctr., Inc., 83 AD3d 677 [2011]; Hegy v Coller, 262 AD2d 606 [1999]), and no excuse was provided for the failure to tender the evidence in admissible form (see generally Moffett v Gerardi, 75 AD3d 496, 498 [2010]).
Accordingly, the defendant’s motion for summary judgment dismissing the complaint insofar as asserted against it should have been granted. Skelos, J.P, Balkin, Roman and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.