DiMarco v. Heckler Electric Co.

Appellate Division of the Supreme Court of New York

DiMarco v. Heckler Electric Co.

290 A.D.2d 373, 736 N.Y.S.2d 595, 2002 N.Y. App. Div. LEXIS 821

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

DecidedJanuary 29, 2002

StatusPublished

This text of 290 A.D.2d 373 (DiMarco v. Heckler Electric Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DiMarco v. Heckler Electric Co., 290 A.D.2d 373, 736 N.Y.S.2d 595, 2002 N.Y. App. Div. LEXIS 821 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 2, 2001, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Drawing all reasonable inferences in favor of the plaintiff, as is required (see, e.g., Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753, 755), it is plain that there are triable issues of fact as to the role of defendant’s employees in positioning the lighting fixture that injured plaintiff. Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 2, 2001, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Drawing all reasonable inferences in favor of the plaintiff, as is required (see, e.g., Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753, 755), it is plain that there are triable issues of fact as to the role of defendant’s employees in positioning the lighting fixture that injured plaintiff. Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.

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Bluebook (online)

290 A.D.2d 373, 736 N.Y.S.2d 595, 2002 N.Y. App. Div. LEXIS 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dimarco-v-heckler-electric-co-nyappdiv-2002.

Opinion

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