Xenakis v. Vorilas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated February 7, 1989, which granted the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law at the close of evidence.
Ordered that the order is reversed, on the law, and a new trial is granted, with costs to abide the event.
It is well settled that an abutting landowner will not be liable to a pedestrian who is injured while passing by on a public sidewalk unless the landowner created the defective condition or caused the…
2Cases cited8 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Petrovski v. FornesAppellate Division of the Supreme Court of the State of New York · 1986
- Surowiec v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- O'Neil v. Port Authority of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Lodato v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hand v. FieldAppellate Division of the Supreme Court of the State of New York · 2005
- Landisi v. Beacon Community Development AgencyAppellate Division of the Supreme Court of the State of New York · 1992
- Giurdanella v. GiurdanellaAppellate Division of the Supreme Court of the State of New York · 1996
- Friedman v. StauberAppellate Division of the Supreme Court of the State of New York · 2005
- Merritt v. Village of MamaroneckAppellate Division of the Supreme Court of the State of New York · 1996
7 more not listed; retrieve them via the Exa API.