Legal Opinion

Casale v. Brookdale Medical Associates

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

Decided August 14, 2007PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), dated May 30, 2006, which granted the separate motions of the defendants BHMC Enterprises, Inc., sued herein as Brookdale Medical Associates, and Budget Wines & Liquors, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

“[T]he imposition of liability for a dangerous condition on property must be predicated upon occupancy, ownership, control,…

2Cases cited4 opinions

  1. James v. StarkAppellate Division of the Supreme Court of the State of New York · 1992
  2. Schwalb v. KulaskiAppellate Division of the Supreme Court of the State of New York · 2006
  3. Ellers v. Horwitz Family Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2007
  4. Welwood v. Ass'n for Children With Down Syndrome, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Zaair Nafiz Abdal Wali v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  2. Doe v. City of New YorkNew York Supreme Court · 2008
  3. Dalpiaz v. McGuireAppellate Division of the Supreme Court of the State of New York · 2019

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