Legal Opinion

Boynton v. Eaves

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

Decided October 29, 2009PublishedCited by 5 opinions

1Opinion of the CourtCardona, P.J.

Appeal from an order of the Supreme Court (Devine, J.), entered April 4, 2008 in Schoharie County, which granted defendant’s motion for summary judgment dismissing the complaint.

At about midnight on February 1, 2003, plaintiff Candace Boynton (hereinafter plaintiff) allegedly slipped and fell on the sidewalk outside her apartment, breaking her ankle. Plaintiff and her husband, derivatively, commenced this action against defendant, the owner of the apartment, seeking damages for her injury. Defendant moved for summary judgment dismissing the complaint on the grounds that there was a storm in…

2Cases cited5 opinions

  1. Campagnano v. Highgate Manor of Rensselaer, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Sanders v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Martin v. WagnerAppellate Division of the Supreme Court of the State of New York · 2006
  4. Valenti v. Exxon Mobil Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Grinnell v. Phil Rose ApartmentsAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. Wood v. Schenectady Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  2. Revesz v. CareyAppellate Division of the Supreme Court of the State of New York · 2011
  3. Anson v. Monticello Raceway Mgt., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  4. Bender v. Lowe's Home Centers, Inc.District Court, W.D. New York · 2023
  5. Torgersen v. A&f Black Cr. Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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