Legal Opinion

Muniz v. Flohern, Inc.

New York Court of Appeals

Decided February 19, 1991PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, defendants-appellants’ motion for summary judgment dismissing the complaint as to them granted, and the certified question answered in the negative.

During an attempted robbery of a streetfront store located in a building owned by defendants, pellets from a shotgun discharged by the robber from inside the store struck the infant plaintiff, a passerby, permanently blinding him. Plaintiffs allege that the tenant of the store conducted drug-trafficking activities in the premises and that although…

2Cases cited3 opinions

  1. Pulka v. EdelmanNew York Court of Appeals · 1976
  2. Waters v. New York City Housing AuthorityNew York Court of Appeals · 1987
  3. Santiago v. New York City Housing AuthorityNew York Court of Appeals · 1984

3Cited by13 opinions

  1. Maria S. v. Willow Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Revill v. Boston Post Road Development Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Rodriguez v. Oak Point Management, Inc.New York Court of Appeals · 1996
  4. Aversa v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  5. Smith v. Fishkill Health-Related Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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