Branham v. Loews Orpheum Cinemas, Inc.
| Decision Date | 03 April 2007 |
| Docket Number | No. 85 SSM 5.,85 SSM 5. |
| Citation | 8 N.Y.3d 931,866 N.E.2d 448 |
| Parties | Lottie BRANHAM, Appellant, v. LOEWS ORPHEUM CINEMAS, INC., Respondent, et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
The Appellate Division order should be affirmed with costs and the certified question not answered upon the ground that it is unnecessary. Viewing the evidence in the light most favorable to plaintiff, as we must on defendant's motion for summary judgment (see Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Mgt., L.P., 7 N.Y.3d 96, 817 N.Y.S.2d 606, 850 N.E.2d 653 (2006)), defendant Loews demonstrated its entitlement to summary judgment dismissing the complaint against it. In opposition, plaintiff failed to adduce sufficient evidence that Loews had actual or constructive notice of the transient obstruction — a boy sitting in the aisle — or that the lighting in the theater was inadequate (see Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 622 N.Y.S.2d 493, 646 N.E.2d 795 (1994); Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 501 N.Y.S.2d 646, 492 N.E.2d 774 (1986); see also Gilson v. Metropolitan Opera, 5 N.Y.3d 574, 807 N.Y.S.2d 588, 841 N.E.2d 747 (2005)).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
To continue reading
Request your trial
-
DeEscobar v. Westland S. Shore Mall, L.P.
... ... Ryder Truck, Inc., 91 A.D.3d 935, 937 N.Y.S.2d 602 [2d ... Dept 2012]; ... (see Branham v. Loews Orpheum Cinemas, Inc., 8 ... N.Y.3d 931, 834 ... ...
-
Miloscia v. B.R. Guest Holdings Llc
...judgment, the evidence must be viewed in a light most favorable to the nonmoving party ( see Branham v. Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931, 932, 834 N.Y.S.2d 503, 866 N.E.2d 448 [2007] ), and the motion must be denied if there is any doubt as to the existence of a triable issue of fa......
-
Guntlow v. Barbera
...an order granting defendants' motions for summary judgment dismissing the complaint ( see e.g. Branham v. Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931, 932, 834 N.Y.S.2d 503, 866 N.E.2d 448 [2007]; Crosland v. New York City Tr. Auth., 68 N.Y.2d 165, 168 n. 2, 506 N.Y.S.2d 670, 498 N.E.2d 143 [......
-
Cuomo v. Greenberg
...for summary judgment is construed in the light most favorable to the opponent of the motion ( Branham v. Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931, 834 N.Y.S.2d 503, 866 N.E.2d 448 [2007] ). Further, in opposition to such motion for summary judgment, a court can consider hearsay evidence ( ......