Legal Opinion
Adsmond v. City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2001PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), dated March 14, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Whether a dangerous condition exists on real property so as to create liability on the part of the landowner depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury (see,…
2Cases cited3 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Guerrieri v. SummaAppellate Division of the Supreme Court of the State of New York · 1993
- Green v. Central Island Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by11 opinions
- Corrado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Mishaan v. TobiasAppellate Division of the Supreme Court of the State of New York · 2006
- Boxer v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Portanova v. KantlisAppellate Division of the Supreme Court of the State of New York · 2007
- Fairchild v. J. Crew Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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