Legal Opinion · Dissent
Siegl v. New Plan Excel Realty Trust, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2011Published
1DissentPeradotto, J.
I respectfully dissent in part because, in my view, there is a question of fact whether third-*1705party defendant AALCO Septic & Sewer, Inc. (AALCO) created the dangerous condition in question, thereby rendering it liable for injuries sustained by Sally Siegl (plaintiff) (see Espinal v Melville Snow Contrs., 98 NY2d 136, 141-142 [2002]).
Plaintiffs commenced this action seeking damages for injuries that plaintiff sustained when she fell in a parking lot owned by defendant/third-party plaintiff, New Plan Excel Realty Trust, Inc. (New Plan). Approximately two months prior to the accident, New Plan…
2Cases cited6 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Brickel v. Buffalo Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Trzaska v. Allied Frozen Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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