Legal Opinion

Alessi v. Alessi

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

Decided July 13, 1984PublishedCited by 19 opinions

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

  1. Holodook v. SpencerNew York Court of Appeals · 1974
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Young v. DalidowiczAppellate Division of the Supreme Court of the State of New York · 1983
  4. Acquaviva v. PiazzollaAppellate Division of the Supreme Court of the State of New York · 1984
  5. Pietrzak v. McGrathAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by19 opinions

  1. Rios v. SmithNew York Court of Appeals · 2001
  2. Smith v. Hub Manufacturing, Inc.District Court, N.D. New York · 1986
  3. Teter v. ClemensAppellate Court of Illinois · 1985
  4. Bottillo v. PoetteAppellate Division of the Supreme Court of the State of New York · 1989
  5. Larsen v. HeitmannAppellate Division of the Supreme Court of the State of New York · 1987

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