Legal Opinion
Kozma v. Biberfeld
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1999PublishedCited by 10 opinions
1Opinion of the Court
*818—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated May 15, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The court improperly refused to consider the plaintiffs’ expert’s opinion on the ground that it was based solely on photographs of the alleged defective repair of the sidewalk rather than on an actual inspection of that repair (see,…
2Cases cited4 opinions
- Aetna Casualty & Surety Co. v. BarileAppellate Division of the Supreme Court of the State of New York · 1982
- Palazzo v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1997
- Duprey v. DrakeAppellate Division of the Supreme Court of the State of New York · 1992
- Nurik v. OllsteinAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by10 opinions
- Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Tate v. Freeport Union School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Pereira v. Quogue Field ClubAppellate Division of the Supreme Court of the State of New York · 2010
- Ealey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Morreale v. FroelichAppellate Division of the Supreme Court of the State of New York · 2015
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