Legal Opinion

Walsh v. Murphy

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1999PublishedCited by 9 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 1, 1998, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint, and order, same court and Justice, entered on or about November 25, 1998, which, to the extent appealable, denied plaintiff’s motion to renew, unanimously affirmed, without costs.

In view of the fact that the evidence permits no more than speculation as to the cause of plaintiff’s fall down defendants’ staircase, the IAS Court properly granted defendants summary relief (see, Zuckerman v City of New York, 49 NY2d 557, 562).…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  3. Lynn v. LynnAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by9 opinions

  1. Blanco v. OliveriAppellate Division of the Supreme Court of the State of New York · 2003
  2. Yefet v. ShalmoniAppellate Division of the Supreme Court of the State of New York · 2011
  3. Williams v. HooperAppellate Division of the Supreme Court of the State of New York · 2011
  4. Orloski v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Phelan v. StateNew York Court of Claims · 2005

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