Legal Opinion

Rosenthal v. Bologna

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

Decided January 10, 1995PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Hansel McGee, J.), entered December 27, 1993, to the extent that it denied plaintiff’s motion to strike the fifth affirmative defense of waiver of liability in the answer of defendants Olsten Corporation and Joe Manu, upheld the viability of the "Non-Guarantee of Coverage” document as sufficiently and properly worded to defeat claims based upon breach of contract and ordinary negligence while reserving for trial the claim of gross negligence, denied plaintiff’s motion for summary judgment against defendants Olsten and Manu, and granted defendant Carta’s…

2Cases cited5 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
  3. Jansen v. BernhangAppellate Division of the Supreme Court of the State of New York · 1989
  4. Ash v. New York University Dental CenterAppellate Division of the Supreme Court of the State of New York · 1990
  5. Fickling v. CarterAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by6 opinions

  1. Prato v. ArztAppellate Division of the Supreme Court of the State of New York · 2010
  2. LaMantia v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1999
  3. Castillo v. Metropolitan Laundry Machinery Co.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Colon v. RoebuckAppellate Division of the Supreme Court of the State of New York · 1995
  5. Brothers v. Tyco International, Ltd.Appellate Division of the Supreme Court of the State of New York · 2010

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