Legal Opinion
Ercole v. Academy Fence Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1998PublishedCited by 7 opinions
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated December 1, 1997, as denied that branch of its motion which was for summary judgment dismissing the complaint of the plaintiff Daniel Ercole.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted in its entirety, and the complaint is dismissed.
On May 27, 1994, Daniel Ercole was injured while repairing the malfunctioning hydraulic lift gate of a truck owned by Academy…
2Cases cited3 opinions
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- Abbadessa v. Ulrik Holding Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
- Pannone v. BurkeAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- Spence v. Island Estates at Mt. Sinai II, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Marin v. San Martin Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Wagner v. WodyAppellate Division of the Supreme Court of the State of New York · 2012
- Steiner v. Benroal Realty Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2002
- Ochoa-Hoenes v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 2019
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