Legal Opinion
Hecker v. State
New York Court of Appeals
Decided March 28, 2013PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed with costs.
The issue decided by the Appellate Division—whether the area in which plaintiff suffered his injury was a “floor, passageway [or] walkway” within the meaning of 12 NYCRR 23-1.7 (d)—was not preserved in the Court of Claims, and the Appellate Division’s ruling must be deemed an exercise of its interests of justice jurisdiction. We have no power to review either the Appellate Division’s exercise of its discretion to reach that issue, or the issue itself (Elezaj v Carlin Constr. Co., 89 NY2d *1088992,…
2Cases cited4 opinions
- Brown v. City of New YorkNew York Court of Appeals · 1983
- Feinberg v. Saks & Co.New York Court of Appeals · 1982
- Elezaj v. P.J. Carlin Construction Co.New York Court of Appeals · 1997
- Domino v. MercurioNew York Court of Appeals · 1963
3Cited by16 opinions
- Eujoy Realty Corp. v. Van Wagner Communications, LLCNew York Court of Appeals · 2013
- Altshuler Shaham Provident Funds, Ltd. v. GML Tower, LLCNew York Court of Appeals · 2013
- Barros v. Bette & Cring, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Wilson v. Exigence of Team HealthAppellate Division of the Supreme Court of the State of New York · 2017
- Bennett v. St. John's HomeNew York Court of Appeals · 2015
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