Jones v. Park Realty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order reversed on the law without costs, motion granted and complaint dismissed. Memorandum: The infant plaintiff was injured when he fell from the porch of a second floor apartment of premises owned by the aunt of defendant Matthew DiCarlo. DiCarlo is the owner of defendant Park Realty.
The court should have granted defendants’ motion for summary judgment dismissing the complaint and, having permitted the case to go to trial, it should have granted a trial order of dismissal at the end of plaintiff’s proof. The undisputed evidence, both on the motion for summary judgment and at the trial,…
2Cases cited12 opinions
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
- Murray v. . UsherNew York Court of Appeals · 1889
- Mollino v. Ogden & Clarkson Corp.New York Court of Appeals · 1926
- Jones v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ioannidou v. Kingswood Management Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Forgays v. MerolaAppellate Division of the Supreme Court of the State of New York · 1995
- Keo v. Kimball Brooklands Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Lennon v. Oakhurst Gardens Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Glabek v. Hotel Des Artistes, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
5 more not listed; retrieve them via the Exa API.