Schubert v. Bruno

Appellate Division of the Supreme Court of New York

Schubert v. Bruno

207 A.D.2d 1020, 617 N.Y.S.2d 680, 1994 N.Y. App. Div. LEXIS 10315

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

DecidedSeptember 30, 1994

StatusPublished

This text of 207 A.D.2d 1020 (Schubert v. Bruno) 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

Schubert v. Bruno, 207 A.D.2d 1020, 617 N.Y.S.2d 680, 1994 N.Y. App. Div. LEXIS 10315 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Plaintiffs raised several material issues of fact to be resolved at trial, including whether defendants were lessors out-of-possession of [1021]*1021the premises; whether plaintiff husband’s accident is partially attributable to a structural defect that defendants were contractually obligated to repair; and whether defendants had actual or constructive notice of the alleged defect. (Appeal from Order of Supreme Court, Niagara County, Rath, Jr., J.— Summary Judgment.) Present—Pine, J. P., Lawton, Callahan and Doerr, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Plaintiffs raised several material issues of fact to be resolved at trial, including whether defendants were lessors out-of-possession of [1021]*1021the premises; whether plaintiff husband’s accident is partially attributable to a structural defect that defendants were contractually obligated to repair; and whether defendants had actual or constructive notice of the alleged defect. (Appeal from Order of Supreme Court, Niagara County, Rath, Jr., J.— Summary Judgment.) Present—Pine, J. P., Lawton, Callahan and Doerr, JJ.

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Bluebook (online)

207 A.D.2d 1020, 617 N.Y.S.2d 680, 1994 N.Y. App. Div. LEXIS 10315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schubert-v-bruno-nyappdiv-1994.