New York Court of Appeals, 2005

Personius v. Mann

Personius v. Mann
New York Court of Appeals · Decided November 17, 2005
5 N.Y.3d 857; 840 N.E.2d 1024; 807 N.Y.S.2d 11; 2005 N.Y. LEXIS 3212
Personius v. Mann

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiffs, by denying defendants’ motion for summary judgment as to the negligence cause of action and, as so modified, affirmed. A question of fact existed as to whether defendants fulfilled their duty to inspect and maintain the pole in question.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.

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