Legal Opinion · Dissent

Parslow v. Leake

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

Decided March 28, 2014Published

1DissentFahey, J.

I

I agree with the majority that Supreme Court erred in dismissing the third cause of action, for premises liability, against defendants-respondents-appellants Steven B. Leake, Karl Smith, Corey Wilson, Kenneth M. Koperda, Theodore L. Bilohlavek and Nathan E Zilak. I also agree with the majority that the court erred in failing to dismiss the fifth cause of action in its entirety against those whom my colleagues in the majority characterize as the resident defendants, i.e., all of the defendants-respondents-appellants except Jonathan M. Henty. The fifth cause of action was asserted solely by…

2Cases cited12 opinions

  1. D'Amico v. ChristieNew York Court of Appeals · 1987
  2. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  3. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  4. Di Ponzio v. RiordanNew York Court of Appeals · 1997
  5. Sanchez v. State of NYNew York Court of Appeals · 2002

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