KING v. FALKO

2009-03089

72 A.D.3d 744 (2010)

898 N.Y.S.2d 473

WILLIAM G. KING et al., Respondents, v. KEITH FALKO, as Administrator of the Estate of ROBERT F. FALKO, Deceased, Respondent, and CHRIS MENDOLIA, Appellant.

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

Decided April 13, 2010.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Viewing the evidence in the light most favorable to the plaintiffs and the defendant Keith Falko, as administrator of the estate of Robert F. Falko, the defendant Chris Mendolia failed to establish his prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., ...

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