Legal Opinion

Simmons v. Elmcrest Homeowners' Ass'n

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

Decided October 4, 2004PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., (1) the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated October 23, 2003, as granted the motion of the defendants *448Elmcrest Homeowners’ Association, Inc., and Howard Real Estate of Dutchess, Inc., for summary judgment dismissing the complaint insofar as asserted against them, and (2) the defendant Marjorie Shay, as trustee of the Shay Family Trust, separately appeals, as limited by her brief, from so much of the same order as denied her motion for…

2Cases cited3 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994

3Cited by6 opinions

  1. Seaman v. Three Village Garden Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Sarvis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Pinck-Jafri v. Marsh Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2020
  4. Carrion v. 350-52 S. Fourth St. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  5. Quezada v. CBRE, Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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