Legal Opinion
Tirella v. American Properties Team, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 1988PublishedCited by 5 opinions
1Opinion of the Court
— Casey, J. P.
Appeal from an amended order of the Supreme Court (Kahn, J.), entered September 11, 1987 in Albany County, which denied defendants’ motions for summary judgment dismissing the complaint.
Plaintiff resided in a complex known as Ogden Mill Apartments, located in the City of Cohoes, Albany County, and which was developed and maintained specifically for handicapped or elderly persons. On February 5, 1982, plaintiff, a paraplegic suffering from multiple sclerosis, attempted to take her first bath in her apartment. Having turned on the water without first checking its temperature,…
2Cases cited5 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Turcotte v. FellNew York Court of Appeals · 1986
- Boltax v. Joy Day CampNew York Court of Appeals · 1986
- Smith v. StarkNew York Court of Appeals · 1986
- Martinez v. LazaroffNew York Court of Appeals · 1979
3Cited by5 opinions
- Lindsey v. H.B. Associates, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005
- Rosencrans v. KiselakAppellate Division of the Supreme Court of the State of New York · 2008
- Gonzalez v. ClayAppellate Division of the Supreme Court of the State of New York · 2011
- Bruno v. Toyotomi U.S.A., Inc.District Court, N.D. New York · 2001
- Terry v. Danisi Fuel Oil Co.Appellate Division of the Supreme Court of the State of New York · 2007