Francavilla v Doyno, 2012 NY Slip Op 04316 (2d Dept. 2012)
Thomas v Independence Carting, Inc., 2012 NY Slip Op 03630 (2d Dept. 2012)
Cascante v Kakay, 2011 NY Slip Op 07488 (1st Dept. 2011)
For whatever the reason, I seem to be writing an increasing amount of personal injury appeals. I am unsure how this happened, but it has been an interesting change. Yet, ironically, I seem to remain in the confines of Article 51 of the Insurance Law.
What I am learning is that the old maxim that “It is well recognized that summary judgment is a drastic remedy and is rarely granted in negligence actions” is but a misnomer. Zawadzki v Knight, 155 A.D.2d 870 (1979).
One Response
I have seen motions to dismiss where the movant has argued that their is no evidence in support of the allegations. In response I said — “give me a break; don’t these folks know the standard.” Then the Court dismissed based upon lack of evidence.
No conversion to a motion for summary judgment with the requisite time to add evidence and rebrief.
I would like to take this opportunity to inform everyone that from now on I am going under the moniker of “Captain America” since I, along with a few other persons here, are among the few in this Country to understand why America was created and what it stands for.