Legal Opinion

Fisher v. Giuca

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

Decided January 12, 2010PublishedCited by 4 opinions

1Opinion of the Court

*672On October 11, 2003, the plaintiffs’ son was shot and killed. Two men, John Giuca and Antonio Russo, were convicted of the murder (see Fisher v DiPietro, 54 AD3d 892 [2008] [reciting the facts of the case in detail]). The plaintiffs commenced this action to recover damages for wrongful death and negligence against, among others, Giuca and Russo, the decedent’s friend, Angel DiPietro, and DiPietro’s friend, A1 Cleary. The Supreme Court granted that branch of Cleary’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him, and denied the…

2Cases cited4 opinions

  1. Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLPAppellate Division of the Supreme Court of the State of New York · 2006
  2. Fisher v. DiPietroAppellate Division of the Supreme Court of the State of New York · 2008
  3. Hyacinthe v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2004
  4. Panaccione v. AcherAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Hustedt Chevrolet, Inc. v. Jones, Little & Co.Appellate Division of the Supreme Court of the State of New York · 2015
  2. CDx Labs., Inc. v. Zila, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  3. O'Halloran v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
  4. O'Halloran v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2017

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