Legal Opinion

Rackowski v. Realty USA

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 2011PublishedCited by 6 opinions

1Opinion of the CourtMalone Jr., J.

In September 2004, plaintiff was injured by a hatch door while he was descending into a basement of a home for sale during an open house that was hosted by a salesperson associated with defendant Realty USA (hereinafter defendant). Plaintiff thereafter commenced this action against defendant and the seller of the home seeking damages for his injuries.* Following discovery, defendant successfully moved for summary judgment dismissing the complaint against it, and plaintiff appeals.

We affirm. “ ‘[LJiability for an injury caused by a dangerous or defective condition on property is generally…

2Cases cited10 opinions

  1. Chainani v. Board of EducationNew York Court of Appeals · 1995
  2. Butler v. RaffertyNew York Court of Appeals · 2003
  3. Pirie v. KrasinskiAppellate Division of the Supreme Court of the State of New York · 2005
  4. Schwalb v. KulaskiAppellate Division of the Supreme Court of the State of New York · 2006
  5. Seymour v. David W. Mapes, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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3Cited by6 opinions

  1. KNIGHT, MARY J. v. REALTY USA.COM, INC.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Semzock v. StateAppellate Division of the Supreme Court of the State of New York · 2012
  3. Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012
  4. Deitrich v. Binghamton Rd. Elec., LLCAppellate Division of the Supreme Court of the State of New York · 2026
  5. Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

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