Davis v. Maloney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*386Plaintiff sustained personal injuries while working on a barn owned by defendant and located on a parcel adjacent to that on which defendant’s one-family dwelling is located. Conflicting evidence as to whether the two parcels were separated by a fence and whether the barn was accessible only from a neighbor’s road raise an issue of fact, improperly resolved by the motion court in plaintiff’s favor, as to whether the barn should be considered part of the dwelling for purposes of the homeowner’s exemption (see Mandelos v Karavasidis, 86 NY2d 767, 769 [1995]). Another issue of fact, as to…
2Cases cited8 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Bartoo v. BuellNew York Court of Appeals · 1996
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2006
- Allen v. FioriAppellate Division of the Supreme Court of the State of New York · 2000
- Mandelos v. KaravasidisNew York Court of Appeals · 1995
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3Cited by8 opinions
- Landon v. AustinAppellate Division of the Supreme Court of the State of New York · 2011
- Battease v. HarringtonAppellate Division of the Supreme Court of the State of New York · 2011
- Dineen v. RechichiAppellate Division of the Supreme Court of the State of New York · 2009
- HALE, JOSEPH C. v. MEADOWOOD FARMS OF CAZENOVIA, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Murati v. HarrisAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.