DeMAIO v. YESHIVA UNIVERSITY DEVELOPMENT FOUNDATION INC (2007)

Supreme Court, Appellate Division, First Department, New York.

Victoria DeMAIO, etc., Plaintiff-Appellant, v. YESHIVA UNIVERSITY DEVELOPMENT FOUNDATION, INC., et al., Defendants-Respondents.

Decided: March 29, 2007

ANDRIAS, J.P., FRIEDMAN, BUCKLEY, SWEENY, CATTERSON, JJ.

John V. Decolator, Garden City, for appellant. Wenick & Finger, P.C., New York (Frank J. Wenick of counsel), for respondents.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 8, 2006, which granted defendant Montefiore's cross motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Montefiore established its prima facie entitlement to summary dismissal (Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572 [1986] ) by submitting evidence demonstrating that it did not lease the premises where the decedent's accident occurred. Plaintiff failed to raise any triable issues of fact, relying solely on inadmissible evidence, which cannot form the basis for denial of summary judgment (see Wertheimer v. New York Prop. Ins. Underwriting Assn., 85 A.D.2d 540, 541, 444 N.Y.S.2d 668 [1981] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network