RISCO v. STATE


13 A.D.3d 605 (2004)

786 N.Y.S.2d 359

GENNARO RISCO, Respondent, v. STATE OF NEW YORK et al., Defendants, COUNTY OF SUFFOLK et al., Appellants-Respondents, and TOWN OF BROOKHAVEN et al., Respondents-Appellants. (And a Third-Party Action.)

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

December 27, 2004.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the respondent.

We agree with the Supreme Court that the appellants failed to meet their prima facie burden of establishing entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Even assuming that the plaintiff was negligent, it cannot be said as a matter of law that the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases