WINTERS v. ST. VINCENT'S MEDICAL CENTER OF RICHMOND


273 A.D.2d 465 (2000)

711 N.Y.S.2d 892

CAROL WINTERS, Appellant, v. ST. VINCENT'S MEDICAL CENTER OF RICHMOND, Defendant and Third-Party Plaintiff-Respondent. H.B.B.A., INC., Doing Business as PARKING ASSOCIATES, Third-Party Defendant-Respondent.

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

Decided June 26, 2000.


Ordered that the order is affirmed, with one bill of costs.

After the defendant and third-party defendant made out prima facie cases for summary judgment, the plaintiff, in opposition to the motions, alleged for the first time that she was forced to walk through an automatic vehicle gate in a parking lot because of negligent snow removal.

The Supreme Court appropriately refused to consider the allegation. A plaintiff cannot defeat an otherwise proper motion...

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