DOW v. SCHENECTADY COUNTY DEPARTMENT OF SOCIAL SERVICES


46 A.D.3d 1084 (2007)

847 N.Y.S.2d 711

VANESSA DOW, Respondent, v. SCHENECTADY COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.

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

Decided December 13, 2007.


Mugglin, J.

Plaintiff alleges that she was injured when she fell to the floor because a chair she was attempting to sit in, in defendant's office, slid out from under her. As limited by its brief, defendant appeals only from Supreme Court's denial of its summary judgment motion seeking dismissal of the complaint.

To successfully shift the burden of demonstrating a triable issue of fact to the nonmovant, a party seeking summary judgment must establish a prima...

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