Legal Opinion
Macario v. DelValle
New York Supreme Court
Decided September 9, 2003Published
1Opinion of the Court
*629OPINION OF THE COURT
Paul A. Victor, J.1
Relief Requested
Motion by defendant Hedco, Inc., doing business as Hedco Associates, for summary judgment dismissing the complaint and all cross claims asserted against it; or in the alternative for an order limiting, as a matter of law, the percentage of any of its potential liability to plaintiff to no more than 50% of any recovery pursuant to CPLR article 16 (CPLR 1601, 1602). Codefendants DelValle and Lopez join in plaintiffs opposition to Hedco’s motions.
Issues Presented
1. Did defendant Hedco by its actions create “a peculiar unreasonable risk” of…
2Cases cited14 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
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