From Casetext: Smarter Legal Research

Tepper v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 595 (N.Y. App. Div. 1986)

Opinion

February 3, 1986

Appeal from the Supreme Court, Nassau County (Wager, J.).


Order reversed, on the law, without costs or disbursements, motion granted, and action dismissed.

In response to the defendant's documentary evidence which indicated that the decedent's fall and ensuing injuries were not the product of the defendant's negligence, the plaintiffs had the responsibility to lay bare proof and show validity to their claim by evidentiary proof in admissible form (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Mildner v. Wagner, 89 A.D.2d 638; DeBoer v. Lloyd's Shopping Center, 115 A.D.2d 633). Since the plaintiffs failed to meet this responsibility, the defendant's motion should have been granted. Mangano, J.P., Thompson, Brown and Weinstein, JJ., concur.


Summaries of

Tepper v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 595 (N.Y. App. Div. 1986)
Case details for

Tepper v. Feldman

Case Details

Full title:JERRY TEPPER, as Administrator of the Estate of ANNE TEPPER, Deceased, et…

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

Date published: Feb 3, 1986

Citations

117 A.D.2d 595 (N.Y. App. Div. 1986)

Citing Cases

Colonresto v. Good Samaritan Hospital

Dr. Pellin further averred that he did not treat Mrs. Colonresto during the period of her hospitalization at…

Allen v. County of Westchester

On the instant motion the plaintiff has correctly conceded that none of her remaining causes of action are…