Legal Opinion

Messina v. City of New York

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

Decided February 1, 1993PublishedCited by 7 opinions

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Nahman, J.), dated June 29, 1990, which, upon a ruling granting the respondent’s motion pursuant to CPLR 4401 to dismiss the complaint at the close of the plaintiffs’ case for failure to present a prima facie case, is in favor of the respondent and against them.

Ordered that the judgment is affirmed, with costs.

In this action to recover damages caused by an allegedly defective condition in a roadway, the court properly granted the respondent’s…

2Cases cited3 opinions

  1. Kiernan v. ThompsonNew York Court of Appeals · 1988
  2. Combs v. Inc. Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1988
  3. Zash v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by7 opinions

  1. Gorman v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2007
  2. Fee v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2000
  3. Leszczynska v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  4. Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  5. Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996

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