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80 A.D.3d 728

Kadaa v. Kadaa

Appellate Division of the Supreme Court of the State of New York · decided 2011-01-25

Cited by 2 later decisions — most recently November 2011

Good law ✅— No negative treatment on recordhow we know

Decided 2011-01-25

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¶1— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated July 7, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.

¶2Ordered that the order is affirmed, with costs.

¶3Contrary to the plaintiffs contention, the defendant established his prima facie entitlement to judgment as a matter of law dismissing the complaint as, under the circumstances, the defendant did not owe any duty of care to the plaintiff (see Pulka v Edelman, 40 NY2d 781 [1976]; Cruz v New York City Tr. Auth., 136 AD2d 196 [1988]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Mastro, J.P., Covello, Angiolillo and Lott, JJ., concur.

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