Legal Opinion
Healy v. Bartolomei
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2011PublishedCited by 9 opinions
1Opinion of the Court
The Supreme Court properly denied the motion of the defendant Mafalda Bartolomei for summary judgment dismissing the *1113complaint and all cross claims insofar as asserted against her, and the cross motion of the defendants Timothy Rozelle and Heidi Rozelle (hereinafter together the Rozelles) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. An out-of-possession landlord generally will not be responsible for injuries occurring on its premises unless the landlord “has a duty imposed by statute or assumed by contract or a course of conduct”…
2Cases cited4 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Gestetner v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 2008
- Warfield v. Shan Associates of Syosset, LLCAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by9 opinions
- Proulx v. Entergy Nuclear Indian Point 2, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Yakima Tingling v. C.I.N.H.R., Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Madry v. Heritage Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Garcia v. Town of Babylon Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2014
- Moltisanti v. Virgin Entertainment Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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