Detko v. McDonald's Restaurants of New York, Inc., 198 A.D.2d 208 (N.Y. App. Div. 1993). · Go Syfert
Detko v. McDonald's Restaurants of New York, Inc., 198 A.D.2d 208 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
33 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Petitt v. Celebrity Cruises, Inc. (nysd, 2001-03-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Petitt v. Celebrity Cruises, Inc. (2×) also: Cited as authority (quoted)
S.D.N.Y. · 2001 · quote attribution · 2 verbatim quotes · confidence high
the question of whether any act or omission of the mcdonald's defendants was a proximate cause of the accident is an issue for the court to resolve.
discussed Cited as authority (rule) Deutsche Bank Natl. Trust Co. v. Washington
N.Y. App. Div. · 2026 · confidence medium
Paulding LLC otherwise fails to demonstrate lack of personal jurisdiction (<i>see</i> Limited Liability Company Law § 303[a]; CPLR 311-a).</p> <span>[*2]</span> <p>Turning to the summary judgment motion, Supreme Court providently considered the successive motion based on "other sufficient justification," namely, enhanced judicial efficiency (<i>Amill v Lawrence Ruben Co., Inc.</i>, 117 AD3d 433 , 433 [1st Dept 2014] [internal quotation marks omitted]; <i>see Bullaro v Ledo, Inc.</i>, 234 AD3d 433 , 433 [1st Dept 2025]; <i>see also</i> <i>Bank of Am., N.A. v Brannon</i>, 156 AD3d 1, 5-11 [1st …
discussed Cited as authority (rule) Cascade Bldrs. Corp. v. Rugar
N.Y. App. Div. · 2021 · confidence medium
We note that Rugar did not seek summary judgment on this ground and only asserted it in a later "cross motion" in response to Benjamin Moore's motion. [FN2] Given that this is a legal issue and plaintiff had the opportunity to address it when opposing Benjamin [*3]Moore's motion, it was an improvident exercise of discretion for Supreme Court not to entertain this ground on behalf of Rugar and grant the relief sought by him, especially where, under the circumstances of this case, doing so would be a preferable use of judicial resources ( see Miles A. Kletter, D.M.D. & Andrew S. Levine, D.D.S., …
discussed Cited as authority (rule) 885 Park Avenue Brooklyn, LLC v. Goddard
N.Y. App. Term. · 2017 · confidence medium
Landlord’s motion, which set forth facts demonstrating that the subject building is exempt from rent stabilization pursuant to Rent Stabilization Code (9 NYCRR) § 2520.11 (e), is substantively valid, and we agree with the Civil Court’s implicit determination that the granting of the motion would “further the ends of justice while eliminating an unnecessary burden on the resources of the courts” (Detko v McDonald’s Rests. of N.Y., 198 AD2d 208, 209 [1993]).
discussed Cited as authority (rule) 885 Park Ave. Brooklyn, LLC v. Goddard
N.Y. App. Term. · 2017 · confidence medium
Landlord's motion, which set forth facts demonstrating that the subject building is exempt from rent stabilization pursuant to Rent Stabilization Code (9 NYCRR) § 2520.11 (e), is substantively valid, and we agree with the Civil Court's implicit determination that the granting of the motion would "further the ends of justice while eliminating an unnecessary burden on the resources of the courts" ( Detko v McDonald's Rests. of NY , 198 AD2d 208, 209 [1993]).
discussed Cited as authority (rule) Hothan v. Mercy Medical Center
N.Y. App. Div. · 2013 · confidence medium
Accordingly, this Court is free to consider that branch of the plaintiff’s motion which was for leave to amend the complaint on the merits (see Padela v Rosen & Weidberg, 200 AD2d 722, 723 [1994]; Detko v McDonald’s Rests, of N.Y., 198 AD2d 208, 209 [1993]; Hoffman v Landers, 146 AD2d 744, 746 [1989]).
discussed Cited as authority (rule) Hothan v. Mercy Medical Center
N.Y. App. Div. · 2013 · confidence medium
Accordingly, this Court is free to consider that branch of the plaintiff’s motion which was for leave to amend the complaint on the merits (see Padela v Rosen & Weidberg, 200 AD2d 722, 723 [1994]; Detko v McDonald’s Rests, of N.Y., 198 AD2d 208, 209 [1993]; Hoffman v Landers, 146 AD2d 744, 746 [1989]).
cited Cited as authority (rule) Valley National Bank v. INI Holding, LLC
N.Y. App. Div. · 2012 · confidence medium
Co. v Timm, 237 AD2d 586, 587 [1997]; Detko v McDonald’s Rests. of N.Y., 198 AD2d 208, 209 [1993]).
discussed Cited as authority (rule) Landmark Capital Investments, Inc. v. Wang
N.Y. App. Div. · 2012 · confidence medium
Nor did the court abuse its discretion in allowing plaintiff to make a second summary judgment motion correcting certain defects, where that motion clearly enhanced judicial efficiency (see Detko v McDonald’s Rests. of N.Y., 198 AD2d 208, 209 [1993], lv denied 83 NY2d 752 [1994]).
discussed Cited as authority (rule) Mendelsohn v. Ferber
N.Y. Sup. Ct. · 2009 · confidence medium
Initially, the court notes that while there is a general proscription against successive summary judgment motions based on facts and evidence available to the movant at the time of the original motion for summary judgment (see Tolpygina v Teper, 63 AD3d 722 [2d Dept 2009]; Taylor v Brooklyn Hosp., 187 AD2d 714 [2d Dept 1992]; Marine Midland Bank v Fisher, 85 AD2d 905 [4th Dept 1981]), a court may entertain a subsequent summary judgment motion if such motion “is substantively valid and the granting of [it] will further the ends of justice while eliminating an unnecessary burden on the resourc…
cited Cited as authority (rule) Capital Medical System, Inc. v. Fuji Medical System, U.S.A., Inc.
N.Y. App. Div. · 1997 · confidence medium
The prior decision does not preclude review here (see, Detko v McDonald’s Rests., supra, at 209).
discussed Cited "see" Rose v. Horton Medical Center
N.Y. App. Div. · 2006 · signal: see · confidence high
Although “Multiple summary judgment motions in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause” (Flomenhaft v Fine Arts Museum of Long Is., 255 AD2d 290 [1998]; see Giganti v Town of Hempstead, 186 AD2d 627, 628 [1992]) a subsequent summary judgment motion may be properly entertained when “it is substantively valid and [when] the granting of the motion will further the ends of justice while eliminating an unnecessary burden on the resources of the courts” (Detko v McDonald’s Rests. of N.Y., 198 AD2d 208, 209 [19…
discussed Cited "see" Slate v. State
N.Y. App. Div. · 2001 · signal: see · confidence high
Assuming, without deciding, that the orders of the Court of Claims denying the parties’ earlier motions to dismiss “constituted the law of the case, this Court is not bound by that doctrine and may consider the motion on its merits” (McNeil v Wagner Coll., 246 AD2d 516, 517 ; see, Detko v McDonald’s Rests., 198 AD2d 208 , lv denied 83 NY2d 752 ).
Retrieving the full opinion text from the archive…
Michael Detko
v.
McDonald's Restaurants of New York, Inc., and Carlos Negron, James A. Jennings and Company, Third-Party
Appellate Division of the Supreme Court of the State of New York.
Nov 1, 1993.
198 A.D.2d 208

—In a negligence action to recover damages for personal injuries, etc., the defendants McDonald’s Restaurants of New York, Inc., Golden Arch Realty Corporation, Franchise Realty Interstate Corporation, McDonald’s Corporation, and Amsam Foods Corporation, appeal from so much of an order of the Supreme Court, Westchester County (Ruskin, J.), entered July 9, 1991, as denied their motion for summary judgment dismissing the complaint and cross claims insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondents appearing separately and filing separate briefs, the motion is granted, the complaint and cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

On August 26, 1979, the plaintiffs were dining inside the McDonald’s Restaurant on South Broadway and Vark Street in Yonkers when a car driven by the defendant Carlos Negron hit the wall of the restaurant, causing it to collapse onto the plaintiffs. Negron had been traveling in the wrong direction down Vark Street, a one-way thoroughfare. In order to avoid a collision with an approaching vehicle, Negron turned into the exit ramp of the McDonald’s restaurant, collided with three vehicles in the parking lot, and ultimately hit the wall of the restaurant. The plaintiffs’ claims against the defendants-appellants (hereinafter the McDonald’s defendants) were grounded on two theories of negligence. The first was that the restaurant was negligently designed and constructed. The second was that a "one-way” traffic sign on McDonald’s premises was pointing in the wrong direction, indicating that the exit ramp was an entrance.

The complaint was served in November 1980 and discovery apparently proceeded at a snail’s pace. In 1985, the McDonald’s defendants moved for summary judgment dismissing the[*209] complaint and all cross claims, which motion was denied. A notice of appeal was filed, but the appeal was never perfected. In 1988, the McDonald’s defendants submitted a second motion for summary judgment, which was also denied. Finally, in March 1991 the McDonald’s defendants made a third motion for summary judgment. This motion was denied based on the doctrine of the law of the case and because there was no newly discovered evidence presented in support of the motion. This appeal ensued, and we now reverse and grant the motion.

We initially note that the Supreme Court acted correctly in denying the third motion for summary judgment, inasmuch as it was compelled to do so by reason of the doctrine of law of the case. However, we are not bound by law of the case and may consider the motion on its merits (see, Hoffman v Landers, 146 AD2d 744; Rock v Capitol Air, 128 AD2d 691). Moreover, we are cognizant of the principle that multiple summary judgment motions in the same action are generally disfavored and should be discouraged in the absence of newly discovered evidence or other sufficient cause (see, Dillon v Dean, 170 AD2d 574; Efdey Elec. Contrs. v Melita, 167 AD2d 501). Nevertheless, while the record is devoid of newly discovered evidence, we find that sufficient cause exists for granting the motion in this case because it is substantively valid and the granting of the motion will further the ends of justice while eliminating an unnecessary burden on the resources of the courts and the McDonald’s defendants (see, Post v Post, 141 AD2d 518; Freeze Right Refrig. & Air Conditioning Servs. v City of New York, 101 AD2d 175).

In support of their motion, the McDonald’s defendants set forth evidentiary facts demonstrating that the restaurant was designed and constructed in accordance with the building permit issued by the City of Yonkers and that the building and the surrounding site complied with all local ordinances. In opposition, the plaintiffs merely submitted the conclusory affidavit of an engineer which vaguely asserted that "[t]he conduct and actions relative to the restaurant site taken by the defendant, McDonald’s, constituted substantial causative factors of the occurrence of August 26, 1979”. These unsubstantiated allegations and bald conclusions are insufficient to establish a triable issue of fact with respect to the purported negligent design and construction of the restaurant (see, Zuckerman v City of New York, 49 NY2d 557).

Insofar as the plaintiffs attempt to premise liability on the alleged negligent placement of the one-way traffic sign, we[*210] note that the evidence strongly favors the factual claim of the McDonald’s defendants that the sign was pointing in the proper direction on the date of the accident. In any event, under the circumstances of this case the question of whether any act or omission of the McDonald’s defendants was a proximate cause of the accident is an issue for the court to resolve (see, Rivera v Goldstein, 152 AD2d 556). There is no evidence that the defendant Negron relied upon, or even observed, the sign when he made his emergency turn into the parking lot. Moreover, the plaintiffs have failed to come forward with any evidence that the intervening negligent conduct of Negron was a normal or foreseeable event so as to impose a duty on the McDonald’s defendants to prevent the resulting harm to the plaintiffs (see, Rivera v Goldstein, supra). Accordingly, the alleged improper placement of the sign was not a proximate cause of the accident as a matter of law (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308), and the plaintiffs’ failure to raise a genuine and material triable issue of fact warrants the granting of the motion for summary judgment. Bracken, J. P., Sullivan, Eiber and Pizzuto, JJ., concur.