Legal Opinion

Horowitz v. Sears, Roebuck & Co.

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

Decided February 1, 1988PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for personal injury and breach of warranty, the plaintiff appeals from a judgment of the Supreme Court, Rockland County (Edelstein, J.), dated September 22, 1986, which, upon an order granting summary judgment to the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

Although the plaintiffs allegations indicate he has suffered serious emotional trauma due to the defendant’s employee’s antisemitic remarks and his physical defacement of the plaintiffs appliances with swastikas, the judgment summarily dismissing his case was…

2Cases cited3 opinions

  1. Riviello v. WaldronNew York Court of Appeals · 1979
  2. Island Associated Coop., Inc. v. HartmannAppellate Division of the Supreme Court of the State of New York · 1986
  3. Iazzetta v. StateAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by11 opinions

  1. Kirkman v. Astoria General HospitalAppellate Division of the Supreme Court of the State of New York · 1994
  2. Savarese v. City of New York Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
  3. Nicollette T. v. Hospital for Joint Diseases/Orthopaedic InstituteAppellate Division of the Supreme Court of the State of New York · 1993
  4. Donahue v. Ferolito, Vultaggio & SonsAppellate Division of the Supreme Court of the State of New York · 2004
  5. Zigabarra v. FalkAppellate Division of the Supreme Court of the State of New York · 1988

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