Legal Opinion
Kellman v. 45 Tiemann Assocs., Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1995PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about March 1, 1994, which, inter alia, denied defendant Tiemann’s motion for summary judgment, affirmed, without costs.
Assuming arguendo that all statutory and regulatory provisions concerning fire escapes since 1929 had to have been and were complied with, questions of fact exist which preclude summary judgment concerning defendant-appellant’s alleged violation of its common law duty to maintain its premises in a reasonably safe condition (see, Basso v Miller, 40 NY2d 233). A jury may still find, under the…
Also in this document: Dissent.
2Cases cited4 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Lesocovich v. 180 Madison Avenue Corp.New York Court of Appeals · 1993
3Cited by6 opinions
- Patterson v. Anderson Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Betke v. Archwood Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Spratt v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1997
- White v. Metropolitan Opera Assns., Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- White v. Metropolitan Opera Assns., Inc.Appellate Division of the Supreme Court of the State of New York · 2024
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