Legal Opinion
Santacruz v. Taco Bell of America, LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2015No. 2014-11019PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Brown, J.), entered September 11, 2014, which denied its 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 granted.
Generally, the issue of whether a condition is dangerous or defective depends on the facts of each case, and is a question of fact for the jury (see Trincere v County of Suffolk, 90 NY2d 976, 977 [1997]; Platkin v…
2Cases cited9 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Schenpanski v. Promise Deli, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Aguayo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Joseph v. Villages at Huntington Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Melia v. 50 Court Street AssociatesAppellate Division of the Supreme Court of the State of New York · 2017
- Mazza v. Our Lady of Perpetual Help Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 2015
- Green v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Brown v. VillarbaAppellate Division of the Supreme Court of the State of New York · 2024
- Green v. Price Chopper, Inc.Appellate Division of the Supreme Court of the State of New York · 2018