Legal Opinion

Marin v. San Martin Restaurant, Inc.

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

Decided October 1, 2001PublishedCited by 20 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated January 30, 2001, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff, a sanitation worker, allegedly sustained personal injuries as a result of lifting a heavy garbage bag preparatory to throwing it into a sanitation truck. He and his wife commenced this action against the defendant, the…

2Cases cited4 opinions

  1. Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
  2. Anderson v. Bush Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Abbadessa v. Ulrik Holding Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Ercole v. Academy Fence Co.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by20 opinions

  1. Vega v. Restani Construction Corp.New York Court of Appeals · 2012
  2. Spence v. Island Estates at Mt. Sinai II, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Bombero v. NAB Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Imtanios v. Goldman SachsAppellate Division of the Supreme Court of the State of New York · 2007
  5. Wagner v. WodyAppellate Division of the Supreme Court of the State of New York · 2012

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