Legal Opinion

Arcabascio v. Bentivegna

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

Decided September 28, 2016No. 2015-08995PublishedCited by 8 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 (Baynes, J.), dated June 23, 2015, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

On September 16, 2013, the plaintiff went to the defendant’s property in Brooklyn to prepare an estimate to repair the back porch, which was approximately three feet above ground level. Shortly after stepping…

2Cases cited6 opinions

  1. Martinez v. City of New YorkNew York Court of Appeals · 1999
  2. Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
  3. Gasper v. Ford Motor Co.New York Court of Appeals · 1963
  4. Gibson v. Worthington Division of McGraw-Edison Co.New York Court of Appeals · 1991
  5. Hansen v. Trustees of the Methodist Episcopal Church of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Fonck v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Vitale v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2020
  3. Everett v. CMI Servs. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Mejias v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  5. Marmol v. Pina Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2023

3 more not listed; retrieve them via the Exa API.

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