AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

EVELYN CHAVEZ, ETC., PLAINTIFF-RESPONDENT, v. BANCKER CONSTRUCTION CORP., INC., APPELLANT, DOMESTIC RESOURCES SERVICES INC., ET AL., DEFENDANTS-RESPONDENTS.

DECISION ORDER

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

The appellant did not assert the limited immunity provisions of Vehicle and Traffic Law § 1103 Veh. Traf.(b) as a basis for the granting of summary judgment in its favor until the submission of its reply papers, and thus the respondents did not have a fair opportunity to respond to that contention. Under these circumstances, that contention is not properly before this court, and need not be addressed (see, Matter of Falk v. Village of Scarsdale Zoning Bd. of Appeals, 254 A.D.2d 358; Turkish Airlines v. American Airlines, 249 A.D.2d 463; Galatti v. Alliance Funding Co., 228 A.D.2d 550; Matter of TIG Insurance Company v. Pellegrini, 258 A.D.2d 658). The appellant otherwise failed to demonstrate its entitlement to summary judgment.

BRACKEN, J.P., SULLIVAN, ALTMAN and KRAUSMAN, JJ., concur.

Use AI to get other relevant cases.

Comments

CHAVEZ v. BANCKER CONSTRUCTION CORP., INC
(May 15, 2000)