Legal Opinion

Johnson v. Del Valle

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

Decided September 28, 2012PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Onondaga *1291County (John C. Cherundolo, A.J.), entered November 3, 2011 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained at work when defendant, plaintiffs coemployee, allegedly threw a baseball that struck plaintiff’s face. Defendant moved for…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  3. Shumway v. KelleyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Cloutier v. LongoAppellate Division of the Supreme Court of the State of New York · 2001
  5. Lowe v. KinnAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. HAJDAJ, TONI v. ZUBIN, JESSICA M.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Guida v. Rivera Investigations, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  3. SHUMWAY, DAVID v. KELLEY, JUSTINAppellate Division of the Supreme Court of the State of New York · 2013
  4. Shumway v. KelleyAppellate Division of the Supreme Court of the State of New York · 2013
  5. Shumway v. KelleyAppellate Division of the Supreme Court of the State of New York · 2013

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