Opinion

Rodriguez v. Brown

  • 258 A.D.2d 563
  • 682 N.Y.S.2d 897
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 11, 1999
Status
Published
Cited by
22 cases
Authority
More cited than 90.6%

three years for New York Judiciary Law

How later courts described this case

  • three years for New York Judiciary Law

Written by the judges who cited it.

The opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Lisa, J.), dated September 19, 1997, as denied that branch of her motion which was for partial summary judgment on the issue of liability as to the defendant Mary Hildebrandt.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff s motion which was for partial summary judgment on the issue of liability as to the respondent is granted.

The Supreme Court erred in denying that branch of the plaintiffs motion which was for partial summary judgment on the issue of liability against the respondent. The respondent’s opposition to the motion for summary judgment, an affirmation by counsel, is without evidentiary value because counsel had no personal knowledge of the facts, and therefore was insufficient to defeat the plaintiffs prima facie showing of entitlement to summary judgment (see, Zuckerman v City of New *564 York, 49 NY2d 557, 563 ). Sullivan, J. P., Krausman, Goldstein and Luciano, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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