Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Fourth Department, issued on October 3, 2025. The court reviewed an appeal from a lower court order that granted defendants' motion for summary judgment, which dismissed the plaintiff's complaint against them. After review, the appellate court unanimously affirmed the lower court's order without costs, citing the reasons stated in the trial court's decision.
Topics
Practice areas
Questions Presented
- Whether the trial court properly granted summary judgment in favor of the defendants.
Holdings
- The appellate division affirmed the trial court's order granting summary judgment, finding that no genuine issue of material fact existed.
Factual background
Erin Cotton, as administrator of the estate of Matthew A. Cotton, filed a complaint against PEMS, Tool & Machine, Inc., and Alexander M. Stone. The trial court granted the defendants' motion for summary judgment, dismissing the complaint.
Procedural history
The Supreme Court, Herkimer County entered an order on June 6, 2024 granting summary judgment dismissing the complaint against PEMS and Stone. The appellant appealed that order to the Appellate Division, Fourth Department.