Legal Opinion
Smalley v. Bemben
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2008PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered July 18, 2007 in a personal injury action. The order denied the motion of defendant to dismiss the complaint pursuant to CPLR 3211 (a) (7).
It is hereby ordered that the order so appealed from is *1471unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.
Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when she slipped and fell on snow or ice on the sidewalk abutting defendant’s property. We agree with defendant that Supreme…
2Cases cited4 opinions
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
- Krohn v. New York City Police DepartmentNew York Court of Appeals · 2004
- DiMaio v. PozefskyAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Davison v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012
- Aja v. RichterAppellate Division of the Supreme Court of the State of New York · 2019
- DAVISON, ERIN C. v. CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2012
- Davison v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012