Legal Opinion
DiMaio v. Pozefsky
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2006PublishedCited by 3 opinions
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Giardino, J.), entered May 9, 2004 in Fulton County, which denied defendant’s motion for summary judgment dismissing the complaint.
While walking to her parked car on the public roadway adjacent to defendant’s property in the City of Gloversville, Fulton County, plaintiff stepped on a defective curb and fell down, injuring her foot and ankle. The curb was located between the public roadway and a grassy median abutting the sidewalk on defendant’s property. After the Gloversville City Clerk informed plaintiff that adjacent property owners are…
2Cases cited8 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
- Farnsworth v. Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 1997
- Fitzgerald v. Adirondack Transit Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- DeRosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by3 opinions
- Keenan v. MundayAppellate Division of the Supreme Court of the State of New York · 2010
- Moons v. Wade Lupe Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Smalley v. BembenAppellate Division of the Supreme Court of the State of New York · 2008