MAHONEY v. JACKSON'S MARINA, INC.


305 A.D.2d 555 (2003)

759 N.Y.S.2d 396

GERARD MAHONEY, Respondent, v. JACKSON'S MARINA, INC., et al., Appellants.

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

Decided May 19, 2003.


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

Contrary to the contention of the defendant Jackson's Marina, Inc. (hereinafter the Marina), its motion for summary judgment was properly denied since it failed to establish its entitlement to judgment as a matter of law by showing that its employee did not violate any duty owed to the plaintiff. The only proof submitted by the Marina in support of its motion was its attorney's conclusory affirmation. This...

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