Olan v. Farrell Lines Inc.
Cases that cite this one
103 later published cases cite this decision. The 25 that cite it most often are listed here.
- White v. Turitz (New York Supreme Court, New York County 2024)
- Skylar v. Lenox Hill Hosp. (New York Supreme Court, New York County 2024)
- Basis Yield Alpha Fund v. Goldman Sachs Group, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Basis Yield Alpha Fund v. Goldman Sachs Group, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Maragos v. Sakurai (Appellate Division of the Supreme Court of New York 2012)
- Thoma v. Ronai (Appellate Division of the Supreme Court of New York 1993)
- Tibak v. City of New York (Appellate Division of the Supreme Court of New York 1989)
- Regions Bank v. VativoRx, LLC (New York Supreme Court, New York County 2024)
- Moore v. Greystone Props. 81 LLC (New York Supreme Court, New York County 2024)
- McHugh v. Consolidated Edison Co. of N.Y., Inc. (New York Supreme Court, New York County 2024)
- Sosa v. 310 Group LLC (New York Supreme Court, New York County 2024)
- CFG Merchant Solutions, LLC v. Tawa Roti Dhaulagiri Food, Corp (New York Supreme Court, New York County 2024)
- Advanced Alternative Media, Inc. v. Hindlin (Appellate Division of the Supreme Court of New York 2023)
- Summors v. Port Auth. of N.Y. & N.J. (Appellate Division of the Supreme Court of New York 2022)
- Flores v. Harvest Moon Farm & Orchard (Appellate Division of the Supreme Court of New York 2022)
- Roos v. King Constr. (Appellate Division of the Supreme Court of New York 2020)
- Cardenas v. Somerset Partners, LLC (Appellate Division of the Supreme Court of New York 2018)
- De-Spec, Inc. v. Sadick (Appellate Division of the Supreme Court of New York 2017)
- Branda v. MV Public Transportation, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Fontana v. New Econo Laundromat Inc. (New York Supreme Court 2016)
- Gezelter v. Pecora (Appellate Division of the Supreme Court of New York 2015)
- Highbridge House Ogden LLC v. Highbridge Entities LLC (New York Supreme Court 2015)
- Alban v. Cornell University (New York Supreme Court 2015)
- Branch Services, Inc. v. Cooper (Appellate Division of the Supreme Court of New York 2013)
- Branch Services, Inc. v. Cooper (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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum (105 AD2d 653). We add only that, before considering whether plaintiff put forth sufficient proof to defeat defendant’s motion for summary judgment, the issue of whether defendant established its defense must first be addressed (CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). In this instance, defendant put forth sufficient evidentiary proof in admissible form, and plaintiff raised no issue of material fact to support its claim of negligence and unseaworthiness. The fact that defendant’s supporting proof was placed before the court by way of an attorney’s affidavit annexing plaintiff’s deposition testimony and other proof, rather than affidavits of fact on personal knowledge, does not defeat defendant’s right to summary judgment (see, Gaeta v New York News, 62 NY2d 340, 350; Zuckerman v City of New York, supra, p 563).
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.