Alessi v. Alessi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff Matthew Alessi, four years of age, was struck in the eye by a toy airplane launched by his six-year-old brother John and purchased by his mother, defendant Barbara Alessi. Matthew alleged that his mother negligently entrusted the toy airplane, a dangerous instrument, to John, which constituted a hazard to third parties, including Matthew. Mrs. Alessi moved for summary judgment dismissing this cause of action and also moved to dismiss the cross claims of the…
2Cases cited5 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Young v. DalidowiczAppellate Division of the Supreme Court of the State of New York · 1983
- Acquaviva v. PiazzollaAppellate Division of the Supreme Court of the State of New York · 1984
- Pietrzak v. McGrathAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by19 opinions
- Rios v. SmithNew York Court of Appeals · 2001
- Smith v. Hub Manufacturing, Inc.District Court, N.D. New York · 1986
- Teter v. ClemensAppellate Court of Illinois · 1985
- Bottillo v. PoetteAppellate Division of the Supreme Court of the State of New York · 1989
- Larsen v. HeitmannAppellate Division of the Supreme Court of the State of New York · 1987
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