Legal Opinion

Hall v. Gaston

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

Decided November 13, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Plaintiff alleges that she sustained injuries when she slipped and fell on an icy public sidewalk at a point where it crossed defendants’ driveway. Defendants, as the abutting landowners, met their initial burden of establishing that they are not liable “for the allegedly defective condition of the [sidewalk] in the absence of proof that defendant [s] created the condition or used the…

2Cases cited4 opinions

  1. Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
  2. Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
  3. Reid v. Auto Tune Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Giotto v. GaetanoAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Oswald v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2004
  2. PANZICA, RUTH ANN v. FANTAUZZI, MICHAEL R.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Panzica v. FantauzziAppellate Division of the Supreme Court of the State of New York · 2013
  4. Panzica v. FantauzziAppellate Division of the Supreme Court of the State of New York · 2013
  5. Zaciewski v. MacFarlaneAppellate Division of the Supreme Court of the State of New York · 1999

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