Legal Opinion
Gallagher v. Town of North Hempstead
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1988PublishedCited by 13 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Town of North Hempstead appeals from an order of the Supreme Court, Nassau County (Widlitz, J.), dated August 14, 1987, which denied its motion for summary judgment.
Ordered that the order is reversed, with costs, on the law, the defendant’s motion is granted, and the complaint is dismissed.
Although we are aware of the general rule that negligence cases are rarely subject to being decided by summary judgment (Andre v Pomeroy, 35 NY2d 361), we nevertheless conclude that based upon the record before us it cannot reasonably be…
2Cases cited5 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Andre v. PomeroyNew York Court of Appeals · 1974
- Cimino v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1985
- Benjamin v. City of New YorkNew York Court of Appeals · 1984
- Perretti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by13 opinions
- Morales v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Russini v. Inc. Village of MineolaAppellate Division of the Supreme Court of the State of New York · 1992
- Strauss v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1994
- Goldberg v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2001
- Robinson v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1990
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