Cerbone v. Lauriano
| Citation | 96 N.Y.S.3d 621,170 A.D.3d 942 |
| Decision Date | 20 March 2019 |
| Docket Number | Index No. 12080/15,2017–10704 |
| Parties | Tatiana CERBONE, Appellant, v. Olga LAURIANO, et al., Defendants Third-Party Plaintiffs-Respondents; City of New York, Third-Party Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
170 A.D.3d 942
96 N.Y.S.3d 621
Tatiana CERBONE, Appellant,
v.
Olga LAURIANO, et al., Defendants Third-Party Plaintiffs-Respondents;
City of New York, Third-Party Defendant-Respondent.
2017–10704
Index No. 12080/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 19, 2018
March 20, 2019
Abbott Bushlow & Schechner, LLP, Ridgewood, N.Y. (Bruce E. Bushlow of counsel), for appellant.
Martyn & Martyn, Mineola, N.Y. (Megan C. Brady of counsel), for defendants third-party plaintiffs-respondents.
ALAN D. SCHEINKMAN, P.J., ROBERT J. MILLER, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), dated August 21, 2017. The order, insofar as appealed from, granted the motion of the defendants, Olga Lauriano and Olga L. Lauriano, for summary judgment dismissing the amended complaint insofar as asserted against them and, in effect, searched the record and awarded summary judgment to the City of New York.
ORDERED that the order is modified, on the law, by deleting the provision thereof which, in effect, searched the record and awarded summary judgment to the City of New York; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendants, Olga Lauriano and Olga L. Lauriano, payable by the plaintiff.
On July 10, 2015, at about 10:15 a.m., the plaintiff allegedly sustained personal injuries when she tripped and fell on a defect on a sidewalk abutting property owned by the defendants Olga Lauriano and Olga L. Lauriano (hereinafter together
the homeowners). The homeowners answered the complaint and commenced a third-party action against the City of New York. The plaintiff thereafter interposed an amended complaint in...
To continue reading
Request your trial
-
Gutnick v. Hebrew Free Burial Soc'y for the Poor of the Brooklyn
...do not address it here (see Dunham v. Hilco Const. Co., Inc., 89 N.Y.2d at 429, 654 N.Y.S.2d 335, 676 N.E.2d 1178 ; Cerbone v. Lauriano, 170 A.D.3d 942, 943, 96 N.Y.S.3d 621 ; Rodriguez v. Sol Goldman Invs., LLC, 115 A.D.3d 659, 660, 981 N.Y.S.2d 761 ). RIVERA, J.P., AUSTIN, CONNOLLY and FO......
-
Ramos v. BGY Cityview LLC
...issue that is the subject of the motions before the court" (Dunham v Hilco Const. Co.. 89 N.Y.2d 425, 429-30 [1996]; Cerbone v Lauriano, 170 A.D.3d 942, 943 [2d Dept 2019]; Whitman Realty Grp.. Inc. v Galano, 52 A.D.3d 505, 506 [2d Dept 2008]). In doing so, there must be "fair notice and an......
-
Ramos v. BGY Cityview LLC
...issue that is the subject of the motions before the court" (Dunham v Hilco Const. Co.. 89 N.Y.2d 425, 429-30 [1996]; Cerbone v Lauriano, 170 A.D.3d 942, 943 [2d Dept 2019]; Whitman Realty Grp.. Inc. v Galano, 52 A.D.3d 505, 506 [2d Dept 2008]). In doing so, there must be "fair notice and an......
-
Deftereos v. Pitsinos
...is not authorized by CPLR 3212(b) to dispose of issues that are not the subject of a summary judgment motion. See Cerbone v Lauriano, 170 A.D.3d 942 (2nd Dept. 2019). Thus, the court declines to exercise its discretion as sought by the defendants. Accordingly, it is ORDERED that the plainti......