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BRANHAM v. LOEWS ORPHEUM CINEMAS, INC.

8 N.Y.3d 931 (2007)

866 N.E.2d 448

834 N.Y.S.2d 503

LOTTIE BRANHAM, Appellant, v. LOEWS ORPHEUM CINEMAS, INC., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Dubow & Smith, Bronx (Michael Dubow of counsel), for appellant.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Kathleen D. Foley of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed with costs and the certified question not answered upon the ground that it is unnecessary. Viewing the evidence in the light most favorable to plaintiff, as we must on defendant's motion for summary judgment (see Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 N.Y.3d 96 [2006]), defendant Loews demonstrated its...

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