Legal Opinion

Stickles v. Fuller

New York Supreme Court

Decided January 13, 2004PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

John G. Connor, J.

Defendants, James Fuller and Nancy Fuller Brusie (hereinafter the owners), move for an order pursuant to CPLR 3212 granting summary judgment dismissing the complaint as to the owners on the grounds that (1) plaintiffs decedent (hereinafter Stickles) assumed the risk of being overcome by silo gas, (2) the owners are not liable since they are out-of-possession landlords, and (3) the owners had no actual or constructive notice of the alleged dangerous or defective condition that caused Stickles’ death. Defendant, MacNair Hyney, also known as MacHyney,…

2Cases cited14 opinions

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. Morgan v. StateNew York Court of Appeals · 1997
  3. Turcotte v. FellNew York Court of Appeals · 1986
  4. Maddox v. City of New YorkNew York Court of Appeals · 1985
  5. Putnam v. StoutNew York Court of Appeals · 1976

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Stickles v. FullerAppellate Division of the Supreme Court of the State of New York · 2004
  2. Stickles v. FullerNew York Supreme Court, Columbia County · 2004
  3. Susan Keith v. Orazio CrisalliDistrict Court, N.D. New York · 2026

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