Rosario v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment of the Supreme Court, Bronx County (Hansel McGee, J.), entered on September 14, 1988, which granted defendant’s motion to dismiss pursuant to CPLR 4401, unanimously reversed, on the law, without costs, the complaint reinstated, and the matter remanded to Supreme Court for a new trial.
On this appeal, we are asked to extend liability to the City of New York for failure to take steps to attenuate injury which resulted, in this instance, from a deliberate act of a third party.
The essential facts are not in dispute. On July 31, 1985, the infant plaintiff, Lisanette Rosario, then seven…
2Cases cited14 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Solomon v. City of New YorkNew York Court of Appeals · 1985
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Peterson v. City of New YorkNew York Court of Appeals · 1935
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jacino v. SugermanAppellate Division of the Supreme Court of the State of New York · 2004
- Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
- James v. Jamie Towers Housing Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Kazlow v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- BRENNER, STEWART M. v. DIXON, WILLIAM J.Appellate Division of the Supreme Court of the State of New York · 2012
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