Legal Opinion

Gaither v. City of New York

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

Decided December 31, 2002PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, New York County *256Michael Stallman, J.), entered October 15, 2001, which, upon the grant of renewal, adhered to the prior order of the same court and Justice granting defendant New York City Housing Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court, in granting defendant Housing Authority’s motion for summary judgment dismissing the complaint, properly held that the proximate cause of decedent’s death was his own willful behavior in engaging in the hazardous and illegal activity known as “elevator…

2Cases cited5 opinions

  1. Barker v. KallashNew York Court of Appeals · 1984
  2. Manning v. BrownNew York Court of Appeals · 1997
  3. Alami v. Volkswagen of America, Inc.New York Court of Appeals · 2002
  4. Tillmon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  5. Estate of McMillan v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Wolfe v. HatchAppellate Division of the Supreme Court of the State of New York · 2012
  3. Oriental v. U-Haul Co. of Ariz.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Wolfe v. HatchAppellate Division of the Supreme Court of the State of New York · 2012

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