From Casetext: Smarter Legal Research

Vaswani v. Martin

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 96 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered June 22, 2000, which, in an action for personal injuries sustained by plaintiff when he was assaulted on the grounds of defendant-appellant's outdoor parking lot, denied defendant's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Brian J. Isaac, for plaintiffs-respondents.

Christopher R. Toppo, for defendant-appellant.

Before: Rosenberger, J.P., Williams, Tom, Ellerin, Wallach, JJ.


Plaintiffs' submissions were sufficient to satisfy any burden plaintiff had on the motion to come forward with evidence that the attack was foreseeable. "Issues of negligence, foreseeability and proximate cause involve the kinds of judgmental variables which have traditionally, and soundly, been left to the finders of fact to resolve. . . ." (Rotz v. City of New York, 143 A.D.2d 301, 304).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Vaswani v. Martin

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 96 (N.Y. App. Div. 2000)
Case details for

Vaswani v. Martin

Case Details

Full title:DILIP J. VASWANI, ET AL., PLAINTIFFS-RESPONDENTS, v. JEFFREY MARTIN, ET…

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

Date published: Dec 14, 2000

Citations

278 A.D.2d 96 (N.Y. App. Div. 2000)
717 N.Y.S.2d 533

Citing Cases

Minerva v. Half Hollow Hills Cent. Sch. Dist.

In addition, it is well settled that a court's responsibility in considering a motion for summary judgment is…

Decastro v. Ctr. Moriches Sch. Dist.

The record contains uncontradicted evidence that a group of students including Courtney were engaged in…