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

DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court correctly determined that the defendants' established their prima facie entitlement to judgment as a matter of law on their motion for summary judgment ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). The burden then shifted to the plaintiff to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In opposition, the plaintiff submitted the report and affidavit of an engineering expert whose conclusions were, among other things, conclusory and failed to raise a triable issue of fact ( see Murphy v. Conner, 84 N.Y.2d 969; McGrath v. Parker, 4 A.D.3d 457; Gralnik v. Brighton Beach Assoc., 3 A.D.3d 518). Thus, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

ROSARIO v. TRUMP MGT., INC
(May 3, 2004)