Fusco v. Chemical Bank

Appellate Division of the Supreme Court of New York

Fusco v. Chemical Bank

262 A.D.2d 32, 689 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 6165

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

DecidedJune 3, 1999

StatusPublished

This text of 262 A.D.2d 32 (Fusco v. Chemical Bank) 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.

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Fusco v. Chemical Bank, 262 A.D.2d 32, 689 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 6165 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 21, 1999, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing plaintiffs cause of action for negligence as against it, unanimously affirmed, without costs.

Issues of fact preclude summary judgment in appellant’s favor, including whether it was foreseeable that plaintiff would use the allegedly defective dumpster that appellant supplied to the work site and attempt to move it to the curb after it was filled with debris (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). Concur — Rosenberger, J. P., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 21, 1999, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing plaintiffs cause of action for negligence as against it, unanimously affirmed, without costs.

Issues of fact preclude summary judgment in appellant’s favor, including whether it was foreseeable that plaintiff would use the allegedly defective dumpster that appellant supplied to the work site and attempt to move it to the curb after it was filled with debris (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). Concur — Rosenberger, J. P., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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262 A.D.2d 32, 689 N.Y.S.2d 397, 1999 N.Y. App. Div. LEXIS 6165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fusco-v-chemical-bank-nyappdiv-1999.

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