Legal Opinion

Stalker v. Crestview Cadillac Corp.

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

Decided June 8, 2001PublishedCited by 11 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action seeking damages for personal injuries sustained by 15-year-old Alicia Stalker (plaintiff) when she slipped and fell on ice in a parking lot owned by defendants Brian Barr and James Bradshaw and leased to defendant Crestview Cadillac Corp., d/b/a Crest Cadillac-Oldsmobile. Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Defendants failed to meet their initial burden of establishing that plaintiff’s injuries were caused by a storm in progress (cf., Siegel v…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Jordan v. MusingerAppellate Division of the Supreme Court of the State of New York · 1993
  3. Siegel v. MolinoAppellate Division of the Supreme Court of the State of New York · 1997
  4. Duman v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by11 opinions

  1. Kimpland v. Camillus Mall Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Torella v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Daniels v. MeyersAppellate Division of the Supreme Court of the State of New York · 2008
  4. Frazier v. Pioneer Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
  5. Swimm v. BrattAppellate Division of the Supreme Court of the State of New York · 2005

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