Legal Opinion
Merlo v. Zimmer
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1996PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs, motion denied and com*953plaint reinstated. Memorandum: Supreme Court erred in granting the motion of defendants for summary judgment dismissing the complaint. Plaintiff met her burden in opposition to the motion by presenting proof sufficient to raise a triable issue of fact (see, Zuckerman v City of New York, 49 NY2d 557, 562). Defendants were the owners of the house occupied by plaintiff and her family. In the course of re-siding the house, defendants had removed the gutters. It is undisputed that, in the absence of gutters, water ran off the…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Putnam v. StoutNew York Court of Appeals · 1976
- Bloch v. PotterAppellate Division of the Supreme Court of the State of New York · 1994
- Yass v. Deepdale GardensAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Tenebruso v. Toys "R" Us—NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Feeney v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Calabrese v. Geneva Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Piscitello v. City of TonawandaAppellate Division of the Supreme Court of the State of New York · 1998
- VIELE, NICKOLAS v. VYVERBERG, LORRAINEAppellate Division of the Supreme Court of the State of New York · 2011
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