Sarbak v. Sementilli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated March 29, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.
On July 9, 2005, at approximately 9:30 p.m., the infant plaintiff was playing with other children who had been invited to the defendant’s house when he allegedly fell from an unstable rock on top of a…
2Cases cited12 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Collentine v. City of New YorkNew York Court of Appeals · 1938
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- Jackson v. FentonAppellate Division of the Supreme Court of the State of New York · 2007
- Holtslander v. C. W. Whalen & SonsAppellate Division of the Supreme Court of the State of New York · 1987
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