Legal Opinion

Fisher v. Hart

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

Decided March 23, 2006PublishedCited by 4 opinions

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Kramer, J.), entered February 23, 2005 in Schenectady County, which granted defendant Russell Martin’s cross motion for summary judgment dismissing the complaint against him.

In May 2002, plaintiff was injured when he fell while painting a barn on property owned by defendant Charles Hart and his wife, Nancy Hart. Defendant Russell Martin is Nancy Hart’s brother. Martin had met plaintiff through a mutual acquaintance and had previously paid plaintiff to paint his home in 2000 and his parents’ home in 2001, after which plaintiff requested additional…

2Cases cited18 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
  3. Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
  4. Aranda v. Park East ConstructionAppellate Division of the Supreme Court of the State of New York · 2004
  5. Barraco v. First Lenox Terrace AssociatesAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by4 opinions

  1. Aversano v. JWH Contracting, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  2. Baker v. Town of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2010
  3. Larkin v. Sano-Rubin Construction Company, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Nusbaum v. 1455 Wash. Ave., LLC.Appellate Division of the Supreme Court of the State of New York · 2025

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