AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RIANNA SCHWARTZ, ETC., ET AL., appellants, v. NEVATEL COMMUNICATIONS CORP., D/B/A PINBALL PALACE, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting evidence that it did not own or control the dog that bit the infant plaintiff ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs' submission of inadmissible hearsay was insufficient to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557).

Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly granted.

RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.

Use AI to get other relevant cases.

Comments

SCHWARTZ v. NEVATEL COMMUNICATIONS CORP
(Jun 14, 2004)