Legal Opinion

Cunillera v. Randall

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

Decided March 8, 1994PublishedCited by 3 opinions

1Opinion of the Court

*76OPINION OF THE COURT

Wallach, J.

In this negligence action it is undisputed that on June 15, 1987 the infant plaintiff, then a 10-year-old boy, was injured when he was forcibly propelled by a stream of water from an open city fire hydrant into the right rear of a moving station wagon driven by defendant Doreen Randall.

Since defendant has prevailed at Supreme Court in her motion for summary judgment dismissing the action, we must review the record in the light most favorable to the plaintiff (Brito v Manhattan & Bronx Surface Tr. Operating Auth., 188 AD2d 253, appeal dismissed 81 NY2d 993). It…

2Cases cited4 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Ugarriza v. SchmiederNew York Court of Appeals · 1979
  3. Schechter v. KlanferNew York Court of Appeals · 1971
  4. Brito v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by3 opinions

  1. DeJesus v. AlbaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Zambrana v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. McNulty v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002

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