Gaeta v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Krausman, J.), dated June 24, 1993, which granted the defendants’ motion to dismiss the complaint at the close of the plaintiffs’ case.
*510Ordered that the judgment is affirmed, with costs.
In order to establish a prima facie case of negligence, a plaintiff must demonstrate (1) the existence of a duty on the defendant’s part as to the plaintiff, (2) a breach of this duty, and (3) an injury to the plaintiff as a result thereof (Akins v Glens Falls City School…
2Cases cited6 opinions
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
- Pirillo v. Longwood Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Thomas v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Smith v. WischAppellate Division of the Supreme Court of the State of New York · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bradish v. Tank Tech Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Dwoskin v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Cellini v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Nussbaum v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2014
14 more not listed; retrieve them via the Exa API.