Legal Opinion

DeMarco v. Bansal

District Court, S.D. New York

Decided August 2, 1993No. 91 Civ. 6127 (MGC)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

On August 6, 1990 Ryann DeMarco, a one and one-half year old child, was injured when an ornamental bird-bath fell over in the front yard of the house the DeMarco family rented from defendants. Plaintiffs sue to recover damages for Ryann’s injuries.

Defendants move for summary judgment on the grounds that following their transfer of possession and control of the premises, they are no longer liable for conditions on the land1 and that plaintiffs have proffered no proof that defendants had actual or constructive notice that there was a…

2Cases cited12 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  4. Brady v. Town of ColchesterCourt of Appeals for the First Circuit · 1988
  5. Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by2 opinions

  1. German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
  2. Velsini v. CadmusDistrict Court, N.D. New York · 1994

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