Legal Opinion

Giotto v. Gaetano

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

Decided December 26, 1991PublishedCited by 5 opinions

1Opinion of the Court

*979Order reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff brought this action to recover damages for personal injuries sustained when she slipped and fell on snow that had accumulated on a public sidewalk abutting defendants’ premises. Supreme Court should have granted defendants’ motion for summary judgment dismissing the complaint. In the absence of explicit language in a statute, charter, or ordinance imposing liability upon the abutting property owner for injuries to a pedestrian, the abutting property owner is not liable for the failure to…

2Cases cited3 opinions

  1. Roark v. HuntingNew York Court of Appeals · 1969
  2. Palazzo v. S.P.H.E. Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Giangotti v. GrauerAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

  1. Stewart v. HaleviymAppellate Division of the Supreme Court of the State of New York · 1992
  2. Hall v. GastonAppellate Division of the Supreme Court of the State of New York · 1998
  3. Collins v. American Drug Stores, Inc.District Court, D. Kansas · 1995
  4. Rodgers v. EarlAppellate Division of the Supreme Court of the State of New York · 1998
  5. Herberger v. GranchelliAppellate Division of the Supreme Court of the State of New York · 1993

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