AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JERRY TEPPER, as Administrator of the Estate of ANNE TEPPER, Deceased, et al., Respondents, v. HERBERT FELDMAN, Doing Business as the FIVE TOWN NURSING HOME, Appellant.

Order reversed, on the law, without costs or disbursements, motion granted, and action dismissed.

In response to the defendant's documentary evidence which indicated that the decedent's fall and ensuing injuries were not the product of the defendant's negligence, the plaintiffs had the responsibility to lay bare proof and show validity to their claim by evidentiary proof in admissible form (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Mildner v. Wagner, 89 A.D.2d 638; DeBoer v. Lloyd's Shopping Center, 115 A.D.2d 633). Since the plaintiffs failed to meet this responsibility, the defendant's motion should have been granted. Mangano, J.P., Thompson, Brown and Weinstein, JJ., concur.

Use AI to get other relevant cases.

Comments

TEPPER v. FELDMAN
(Feb 3, 1986)