Legal Opinion

Portelli v. Garcia

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

Decided June 1, 2004PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Falmieri, J.), entered March 10, 2003, which, inter alia, granted the motion of the defendant Vigliotti Enterprises, LLC, for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Absent a duty of care to the person injured, a party cannot be held liable in negligence (see Palsgraf v Long Is. R.R. Co., 248 NY 339, 342 [1928], rearg denied 249 NY 511 [1928]). Here, the defendant Vigliotti…

2Cases cited6 opinions

Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
Herbert v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
Vought v. HemmingerAppellate Division of the Supreme Court of the State of New York · 1995
Portelli v. GarciaNew York Supreme Court · 2003

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3Cited by1 opinion

Berkowitz v. Spring Creek, Inc.Appellate Division of the Supreme Court of the State of New York · 2008