Legal Opinion
Irizarry v. 15 Mosholu Four, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 2005PublishedCited by 20 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 30, 2002, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.
It is settled law that a landowner is under a duty to maintain its property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk (Basso v Miller, 40 NY2d 233, 241 [1976]). However, as a prerequisite for…
2Cases cited3 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Basso v. MillerNew York Court of Appeals · 1976
- O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by20 opinions
- Ross v. Betty G. Reader Revocable TrustAppellate Division of the Supreme Court of the State of New York · 2011
- Early v. Hilton Hotels Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- DeJesus v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Hill v. Lambert Houses Redevelopment Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Bido v. 876-882 Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2007
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