LOCKHART v. HEMPSTEAD GENERAL HOSPITAL


274 A.D.2d 378 (2000)

711 N.Y.S.2d 759

EDNA LOCKHART, Appellant, v. HEMPSTEAD GENERAL HOSPITAL, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 3, 2000.


Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.

The Supreme Court erred in granting the defendant's motion for summary judgment. The defendant did not establish its entitlement to judgment as a matter of law, as it failed to offer "strong and satisfactory" proof that the deceased's first wife was still alive at the time of his marriage to the plaintiff (Matter of Brown, 40 N.Y.2d...

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