Ellinger v. Vasturo

Appellate Division of the Supreme Court of New York

Ellinger v. Vasturo

187 A.D.2d 410, 590 N.Y.S.2d 739, 1992 N.Y. App. Div. LEXIS 12538

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

DecidedNovember 2, 1992

StatusPublished

This text of 187 A.D.2d 410 (Ellinger v. Vasturo) 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

Ellinger v. Vasturo, 187 A.D.2d 410, 590 N.Y.S.2d 739, 1992 N.Y. App. Div. LEXIS 12538 (N.Y. Ct. App. 1992).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated May 14, 1990, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The holding of Santangello v State of New York (71 NY2d 393) does not preclude the plaintiffs from recovering damages in this matter (see, Boglioli v Fletcher, 170 AD2d 425), since the plaintiff police officer’s services were sufficiently separate and apart from the alleged negligent acts which caused his injuries. Harwood, J. P., Eiber, Ritter and Copertino, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated May 14, 1990, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The holding of Santangello v State of New York (71 NY2d 393) does not preclude the plaintiffs from recovering damages in this matter (see, Boglioli v Fletcher, 170 AD2d 425), since the plaintiff police officer’s services were sufficiently separate and apart from the alleged negligent acts which caused his injuries. Harwood, J. P., Eiber, Ritter and Copertino, JJ., concur.

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Bluebook (online)

187 A.D.2d 410, 590 N.Y.S.2d 739, 1992 N.Y. App. Div. LEXIS 12538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellinger-v-vasturo-nyappdiv-1992.

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