Legal Opinion

Garris v. Lindemann

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

Decided May 14, 2014Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), entered August 15, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured when she attempted to open a stuck door in the house of the defendant’s decedent. The plaintiff testified at her deposition that she pushed on a panel of wood next to a…

2Cases cited10 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Di Ponzio v. RiordanNew York Court of Appeals · 1997
  3. Perez v. 655 Montauk, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  4. Singh v. PersaudAppellate Division of the Supreme Court of the State of New York · 2000
  5. Mooney v. Petro, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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