Legal Opinion
Solarte v. DiPalmero
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 1999PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Golia, J.), dated April 14, 1998, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.
As a general rule, an abutting landowner will not be liable to a pedestrian passing by on a public sidewalk unless (1) that landowner has created the defective condition or caused the defect to occur because of some special…
2Cases cited10 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Winberry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Rubenstein v. DeGeorgioAppellate Division of the Supreme Court of the State of New York · 1997
- Bachman v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Lobel v. Rodco Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by3 opinions
- Leggio v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2001
- Lee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Gross v. Kam She NgAppellate Division of the Supreme Court of the State of New York · 2000