Legal Opinion
Clarke v. Unanue
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1983PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered February 14, 1983 in Ulster County, which denied defendants’ motion for summary judgment. Since defendants submitted evidentiary proof showing that decedent’s death did not result from the breach of any duty owed by defendants, and since plaintiff failed to submit sufficient evidentiary proof in opposition, defendants’ motion for summary judgment should have been granted. Special Term’s order must, therefore, be reversed. Decedent, an eight-year-old girl, drowned in July, 1979 while participating in a swimming…
2Cases cited4 opinions
- Marshall v. Mastodon, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Fessler v. BrunzaAppellate Division of the Supreme Court of the State of New York · 1982
- Jankowski v. Crestburn Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Jankowski v. Crestburn Corp.New York Court of Appeals · 1966
3Cited by7 opinions
- Dufur v. LavinAppellate Division of the Supreme Court of the State of New York · 1984
- Schlesinger v. Rockefeller Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Toma v. CharbonneauAppellate Division of the Supreme Court of the State of New York · 1992
- Canela v. Foodway SupermarketAppellate Division of the Supreme Court of the State of New York · 1992
- Abreu v. Getty Refining & Marketing Co.Appellate Division of the Supreme Court of the State of New York · 1986
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