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Black v. Loomis

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1997
236 A.D.2d 338 (N.Y. App. Div. 1997)

Opinion

February 27, 1997.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 28, 1995, which granted defendant-respondent's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Before: Milonas, J.P., Ellerin, Tom and Andrias, JJ.


While plaintiff is correct in noting that the plaintiff in a wrongful death action is not held to as high a degree of proof as the plaintiff in a personal injury action ( Noseworthy v City of New York, 298 NY 76), plaintiff is still obliged to provide some proof from which negligence could reasonably be inferred ( see, Wright v New York City Hous. Auth., 208 AD2d 327). Here, plaintiffs opposition consists mainly of a repetition of the allegations contained in the complaint-"namely that the decedent had fallen down a set of stairs in a building owned and operated by defendant Kramer, and that this fall was caused by defendant's negligence. Such is not sufficient opposition to defendant's motion for summary judgment ( see, Abish v Cetta, 155 AD2d 495), for only the existence of a bona fide issue raised by evidentiary facts "and not one based on conclusory or irrelevant allegations will suffice to defeat summary judgment" ( Rotuba Extruders v Ceppos, 46 NY2d 223, 231).


Summaries of

Black v. Loomis

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1997
236 A.D.2d 338 (N.Y. App. Div. 1997)
Case details for

Black v. Loomis

Case Details

Full title:ROBERT S. BLACK, Bronx Public Administrator, as Administrator of the…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1997

Citations

236 A.D.2d 338 (N.Y. App. Div. 1997)
654 N.Y.S.2d 19

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