Saldarriaga v. Moreno
Cases that cite this one
8 later published cases cite this decision.
- Gonzalez v. Houmita (Appellate Division of the Supreme Court of New York 2013)
- Gonzalez v. Houmita (Appellate Division of the Supreme Court of New York 2013)
- Greene-Manzi v. A to Z Landscaping, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Greene-Manzi v. A to Z Landscaping, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Jarvis v. Sanjose (Appellate Division of the Supreme Court of New York 2013)
- Jarvis v. Sanjose (Appellate Division of the Supreme Court of New York 2013)
- Yanping Xu v. Gold Coast Freightways, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Yanping Xu v. Gold Coast Freightways, Inc. (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
Since Viola failed to meet his prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiffs in opposition were sufficient to raise a triable issue of fact (see generally Stukas v Streiter, 83 AD3d 18, 24 [2011]).
Accordingly, the Supreme Court erred in granting that branch of Viola’s motion which was for summary judgment dismissing the complaint insofar as asserted by the injured plaintiff against him. In light of our determination, a subsequent order of the same court entered December 14, 2011, which, inter alia, upon, in effect, granting reargument, adhered to the determination in the order entered May 26, 2011, granting that branch of Viola’s motion, and, sua sponte, in effect, directed the dismissal of the complaint insofar as asserted against the defendant German Moreno, must be vacated. Skelos, J.P., Chambers, Sgroi and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.