Legal Opinion
Swartz v. Liberatore
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Sharon Swartz (plaintiff) when she slipped and fell on snow and ice in the parking lot of defendants’ apartment complex. Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that there was a snow storm in progress at the time of the accident. Defendants “had no duty to take…
2Cases cited4 opinions
- Jensen v. RoohanAppellate Division of the Supreme Court of the State of New York · 1996
- Siegel v. MolinoAppellate Division of the Supreme Court of the State of New York · 1997
- Krutz v. Betz Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Ruck v. ISS International Service System, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
- Lyons v. Cold Brook Creek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Dunn v. 726 Main & Pine, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Olejniczak v. EI Du Pont De Nemours and Co.District Court, W.D. New York · 1999
- Cappola v. Michael's Banquet FacilityAppellate Division of the Supreme Court of the State of New York · 2004
- Curtis v. Speedway LLCDistrict Court, W.D. New York · 2023