Rackowski v. Realty USA
Appellate Division of the Supreme Court of the State of New York
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
- Chainani v. Board of EducationNew York Court of Appeals · 1995
- Butler v. RaffertyNew York Court of Appeals · 2003
- Pirie v. KrasinskiAppellate Division of the Supreme Court of the State of New York · 2005
- Schwalb v. KulaskiAppellate Division of the Supreme Court of the State of New York · 2006
- 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
- KNIGHT, MARY J. v. REALTY USA.COM, INC.Appellate Division of the Supreme Court of the State of New York · 2012
- Semzock v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012
- Deitrich v. Binghamton Rd. Elec., LLCAppellate Division of the Supreme Court of the State of New York · 2026
- Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012
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