Kearney Wins Summary Judgment In New York Appellate Division
The decision of New York’s Appellate Division, First Department in Atkins v. Flat Rate Moversexemplifies the success that can be achieved by appealing the denial of summary judgment in those jurisdictions that permit it. Kim Kearney, a Managing Partner of the firm’s Indiana Office and senior member of the CM Appellate Practice Group who is licensed in New York, Illinois, Indiana and Louisiana, recently won summary judgment in favor of the defendant and dismissal of a defamation action in its entirety by unanimous order of the Appellate Division, First Department. Less than one month after oral argument, the Appellate Division flatly rejected the trial court’s ruling that issues of material fact precluded summary judgment in favor of an employer and against a former employee discharged after allegedly being falsely accused of theft by fellow employees. The Appellate Division considered issues of absolute and qualified immunity, as well as vicarious liability, in concluding that the evidence offered by the plaintiff was insufficient to warrant a jury trial. CM partner Carl Perri and associate Serena Skala wrote and argued the motion for summary judgment in the trial court.