Legal Opinion

Hart v. O'Brien

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

Decided April 8, 2010PublishedCited by 16 opinions

1Opinion of the CourtGarry, J.

Appeal from an order of the Supreme Court (Mc-Donough, J.), entered January 28, 2009 in Albany County, which granted defendant Mary E. Naughter’s motion for summary judgment dismissing the complaint against her.

In October 2004, plaintiff was injured by a fall in a pothole as he was walking through a parking lot behind a commercial building in the Town of Guilderland, Albany County. The building was owned by defendant Mary E. Naughter (hereinafter defendant) and her husband. Defendant Thomas J. O’Brien operated an independent jewelry business in the building, which he had rented on a…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Henness v. LusinsAppellate Division of the Supreme Court of the State of New York · 1996
  3. Del Giacco v. Noteworthy Co.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Grady v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2009
  5. Stickles v. FullerAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by16 opinions

  1. McKee v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kielty v. AJS Construction of L.I., Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Miller v. Genoa AG Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Marino v. A.G. Properties of Kingston, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Lee v. Arnan Development Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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