Legal Opinion

D'Arco v. Pagano

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

Decided September 26, 2005PublishedCited by 10 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated December 19, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

*1051Contrary to the plaintiffs’ contentions, the defendant satisfied her burden of showing that the marble saddle installed between the dining room and living room of her residence, which was raised IV16 of an inch over the adjacent carpeted floor, was a trivial defect, and did not have the…

2Cases cited4 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Hargrove v. Baltic EstatesAppellate Division of the Supreme Court of the State of New York · 2000
  3. Morris v. Greenburgh Central School District No. 7Appellate Division of the Supreme Court of the State of New York · 2004
  4. Nathan v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by10 opinions

  1. Milewski v. Washington Mutual, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Aguayo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. Copley v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2010
  4. James v. Newport Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Nunez v. Morwood Dry CleanersAppellate Division of the Supreme Court of the State of New York · 2014

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