Legal Opinion
Gilmartin v. Tempestoso
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2000PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Michael J. Gilmartin (plaintiff) was injured when he allegedly slipped and fell on a layer of ice on an exterior staircase of a building owned by Ulderico Tempestoso and Antonio Ciccotelli (defendants). Supreme Court properly denied the motion of defendants for summary judgment dismissing the complaint against them. In support of the motion, defendants submitted deposition testimony in which they each testified that they had orally informed the tenants that the tenants were responsible for ice and snow removal but that no such provision is…
2Cases cited6 opinions
- Cerra v. Perk DevelopmentAppellate Division of the Supreme Court of the State of New York · 1993
- Cherubini v. TestaAppellate Division of the Supreme Court of the State of New York · 1987
- Carvano v. MorganAppellate Division of the Supreme Court of the State of New York · 2000
- Mikolajczyk v. M.C. Morgan Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Laster v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by3 opinions
- Frazier v. Pioneer Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Rose v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Rousseau v. GugliuzzaAppellate Division of the Supreme Court of the State of New York · 2001