Legal Opinion

Alves v. Santos

New York Supreme Court

Decided February 28, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Lawrence H. Ecker, J.

On the motion of Valdemiro Santos and Regina Santos (defendants), made pursuant to CPLR 3211 (a) (7), to dismiss the complaint, filed by Sálete Martins Alves (plaintiff), the court determines as follows:

In this action for personal injury and wrongful death, the essential facts of this tragic drowning accident are not in dispute. On May 25, 2014, plaintiff, her husband, Belarmino C. Alves (decedent), and their two teenage sons, ***** and *****, went to visit defendants, their longtime friends, for a Memorial Day weekend barbeque at defendants’ home in…

2Cases cited18 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. D'Amico v. ChristieNew York Court of Appeals · 1987
  4. Tobin v. GrossmanNew York Court of Appeals · 1969
  5. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001

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