Legal Opinion

Rugieri v. Bannister

New York Court of Appeals

Decided June 29, 2006PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendant Cheek against the plaintiffs, by granting defendant Cheek’s motion for summary judgment dismissing the complaint as against her and, as modified, affirmed, with costs to the plaintiffs against the Bannister defendants. The certified question should be answered in the negative.

Because plaintiffs did not establish a triable issue of fact regarding defendant Leann Cheek’s alleged negligence, the Appellate Division erred in reversing Supreme Court’s grant of Cheek’s motion for summary…

2Cases cited2 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.New York Court of Appeals · 1987

3Cited by42 opinions

  1. People v. Jacque-CrewsAppellate Division of the Supreme Court of the State of New York · 2023
  2. People v. ComfortAppellate Division of the Supreme Court of the State of New York · 2009
  3. State v. MuenchAppellate Division of the Supreme Court of the State of New York · 2011
  4. Felsen v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Kaufman v. BauerAppellate Division of the Supreme Court of the State of New York · 2007

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