Sawyers v. Troisi
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, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated 3Vlay 2, 2011, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A property owner must act as a reasonable person in maintaining his or her property in a reasonably safe condition in view of all of the attendant circumstances, “including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk” (Peralta v Henriquez, 100 NY2d 139, 144 *1294…
2Cases cited11 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Peralta v. HenriquezNew York Court of Appeals · 2003
- Guerrieri v. SummaAppellate Division of the Supreme Court of the State of New York · 1993
- Thornhill v. Toys "R" Us NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by10 opinions
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- 6014 Eleventh Avenue Realty, LLC v. 6014 AH, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- 6014 Eleventh Avenue Realty, LLC v. 6014 AH, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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