Legal Opinion

Martinez v. City of New York

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

Decided February 8, 1996PublishedCited by 6 opinions

1Opinion of the Court

—Order of the Supreme Court, New York County (Alfred Lerner, J.), entered September 30, 1994, which granted the defendant-respondent’s motion to dismiss the complaint, is unanimously reversed, on the law, the motion denied and the complaint reinstated, without costs or disbursements.

Plaintiff brought this action for injuries suffered when she tripped and fell on a protruding manhole cover. When the case was not settled at a pretrial conference, the court at the Trial Assignment Part directed the parties to select a jury and directed counsel to give their opening statements.

In his opening,…

2Cases cited3 opinions

  1. Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
  2. Muszynski v. City of BuffaloNew York Court of Appeals · 1971
  3. Roundpoint v. V.N.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by6 opinions

  1. Singh v. Young Manor, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Soto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  3. Bernal v. City of HoopestonAppellate Court of Illinois · 1999
  4. Torres v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
  5. Jabbour v. Finnegan's Moving & Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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