Legal Opinion

Botfeld v. Wong

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

Decided March 7, 2013PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 15, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion denied, without costs.

Plaintiff’s affidavit stating that the decedent tripped over a gas cap protruding from the sidewalk did not directly contradict his earlier deposition testimony. Plaintiff was asked whether he spoke to his mother during the time she was lying on the ground, to which he answered yes, and whether she told him what she tripped over, to which he answered, “No, we…

2Cases cited3 opinions

  1. Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  2. Williams v. Baldor Specialty Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by10 opinions

  1. Rodriguez v. Coalition for Father Duffy, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Caputo v. StackAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Caputo v. StackAppellate Division of the Supreme Court of the State of New York · 2021
  4. Vista Eng'g Corp. v. Everest Indem. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018
  5. Vista Eng'g Corp. v. Everest Indem. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018

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