Legal Opinion
Echavarria v. Cromwell Associates
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1996PublishedCited by 5 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Louise Gruner Gans, J., and a jury), entered August 24, 1995, awarding damages to plaintiffs in a personal injury action, unanimously affirmed, without costs.
The trial court properly directed a verdict in plaintiffs’ favor on the issue of defendants’ negligent maintenance of the steps on which the injured plaintiff fell, based on defense counsel’s admissions of negligence during his opening statement, which were not refuted by the evidence presented at trial, and were "fatal” and "ruinous” to any defense on this issue (De Vito v Katsch, 157 AD2d 413,…
2Cases cited4 opinions
- Barry v. ManglassNew York Court of Appeals · 1981
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Rohring v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1993
- Gaston v. Viclo Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- Rostropovich v. Guerrand-HermesAppellate Division of the Supreme Court of the State of New York · 2005
- Kosturek v. KosturekAppellate Division of the Supreme Court of the State of New York · 2013
- Vaynshelbaum v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Guarracino v. Central Hudson Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Kosturek v. KosturekAppellate Division of the Supreme Court of the State of New York · 2013