Legal Opinion
Adler v. QPI-VIII, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2015No. 2014-03181PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Butler, J.), entered February 14, 2014, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.
Generally, the issue of whether a dangerous or defective condition exists depends on the facts of each case, and is a question of fact for the jury (see Trincere v County of Suffolk, 90 NY2d 976, 977 [1997];…
2Cases cited13 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Schenpanski v. Promise Deli, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Outlaw v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
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3Cited by3 opinions
- Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
- Santacruz v. Taco Bell of America, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- The People v. Thomas BarnesNew York Court of Appeals · 2015