Legal Opinion
Pierce v. Helz
New York Supreme Court
Decided September 28, 1970PublishedCited by 4 opinions
1Opinion of the CourtHoward A. Zeller, J.
Infant plaintiff, David Pierce, was seriously burned and injured in New York when a half buried gasoline tank exploded after he tossed a lighted firecracker into it. The incident occurred at a vacant lot adjacent to an Oneonta park on July 5, 1968 when he was 11 years of age. Thereafter this negligence action was commenced on his behalf against the four defendants. Defendant Helz moves to dismiss the complaint upon the ground it fails to state a cause of action (CPLR 3211, subd. [a], par. [7]) or, in the alternative, for summary judgment dismissing the complaint (CPLR 3212). The motion…
2Cases cited14 opinions
- Rozell v. RozellNew York Court of Appeals · 1939
- Sorrentino v. SorrentinoNew York Court of Appeals · 1928
- Rutkowski v. WaskoAppellate Division of the Supreme Court of the State of New York · 1955
- Gissen v. GoodwillSupreme Court of Florida · 1955
- Seabrook v. TaylorDistrict Court of Appeal of Florida · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Andrews v. County of OtsegoNew York Supreme Court · 1982
- Hairston v. BroadwaterNew York Supreme Court · 1973
- In re Jamal B.New York City Family Court · 1983
- Graney v. GraneyAppellate Division of the Supreme Court of the State of New York · 1973