Penovich v. Schoeck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Appeal from an order of the Supreme Court (Torraca, J.), entered August 8, 1997 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff sustained the injuries forming the basis for this action when he fell while climbing down from the roof of the house that he rented from defendant. Plaintiff’s theory of liability against defendant is that defendant’s failure to remove an accumulation of ice from the roof of the house caused plaintiff to undertake the job himself, thereby exposing him to a dangerous condition which was a proximate…
2Cases cited8 opinions
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Rivera v. City of New YorkNew York Court of Appeals · 1962
- Dapp v. LarsonAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by7 opinions
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- Cangro v. Noah Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Santodonato v. Clear Channel Broadcasting, Inc.New York Supreme Court · 2004
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