Legal Opinion

Burlingame v. Hefti

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

Decided March 13, 1992PublishedCited by 5 opinions

1Opinion of the Court

— Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff was found lying on the ground seriously injured underneath the bedroom window of his third floor apartment. The window had been broken and removed a few weeks earlier and had not been replaced by the defendants, who are the landlords. Plaintiff acknowledged in his deposition testimony that he was very intoxicated on the evening of the accident and could not recall how the accident occurred because he blacked out. Supreme Court granted defendants summary judgment on the ground that…

2Cases cited5 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Ugarriza v. SchmiederNew York Court of Appeals · 1979
  3. Kahn v. Gates Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Pontello v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Snyder v. MooreAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by5 opinions

  1. Mott v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Smith v. Key Bank of Western New York, N.A.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Berk v. 11 Atlantic Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Bliss v. Henry Schein, Inc.Appellate Division of the Supreme Court of the State of New York · 2025
  5. Dennis v. Poughkeepsie Galleria Co.Appellate Division of the Supreme Court of the State of New York · 1993

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