Doerr v. Goldsmith

CourtNew York Supreme Court Appellate Division
Citation2013 N.Y. Slip Op. 02501,105 A.D.3d 534,964 N.Y.S.2d 13
Decision Date16 April 2013
PartiesWolfgang DOERR, Plaintiff–Respondent, v. Daniel GOLDSMITH, Defendant, Julie Smith, Defendant–Appellant.

105 A.D.3d 534
964 N.Y.S.2d 13
2013 N.Y. Slip Op. 02501

Wolfgang DOERR, Plaintiff–Respondent,
v.
Daniel GOLDSMITH, Defendant,
Julie Smith, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

April 16, 2013.


Editor's Note: The opinion of the Supreme Court, Appellate Division, First Department, in Doerr v. Goldsmith, published in the advance sheet at this citation, 964 N.Y.S.2d 13, was withdrawn from the bound volume because it was recalled and vacated. For substituted opinion, see 2013 WL 5477151.

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6 practice notes
  • Doerr v. Goldsmith, Nos. 17, 66
    • United States
    • New York Court of Appeals
    • June 9, 2015
    ...motion for summary judgment dismissing the complaint and directed the clerk to enter judgment accordingly (see Doerr v. Goldsmith, 105 A.D.3d 534, 534–535 [1st Dept.2013] ). The majority determined that, because “New York does not recognize a common-law negligence cause of action to recover......
  • Doerr v. Goldsmith
    • United States
    • New York Court of Appeals
    • June 9, 2015
    ...motion for summary judgment dismissing the complaint and directed the clerk to enter judgment accordingly (see Doerr v. Goldsmith, 105 A.D.3d 534, 534–535 [1st Dept.2013] ). The majority determined that, because “New York does not recognize a common-law negligence cause of action to recover......
  • Filer v. Adams,
    • United States
    • New York Supreme Court Appellate Division
    • May 30, 2013
    ...or allowing them to be unleashed ( see Petrone v. Fernandez, 12 N.Y.3d at 550, 883 N.Y.S.2d 164, 910 N.E.2d 993;Doerr v. Goldsmith, 105 A.D.3d 534, 534–36, 964 N.Y.S.2d 13 [1st Dept. 2013];Gordon v. Davidson, 87 A.D.3d at 769, 927 N.Y.S.2d 734;Curbelo v. Walker, 81 A.D.3d 772, 774, 916 N.Y.......
  • Boyd v. N.Y.C. Hous. Auth.
    • United States
    • New York Supreme Court Appellate Division
    • April 16, 2013
    ...side, like all gates, it is hinged in three (3) places,” and that “the spacing of the vertical bars on both sides of the gate clearly [964 N.Y.S.2d 13]are very different, indicating that a gate is there.” However, this is merely his opinion, and does not establish the facts he asserted as a......
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6 cases
  • Doerr v. Goldsmith, s. 17, 66
    • United States
    • New York Court of Appeals
    • June 9, 2015
    ...motion for summary judgment dismissing the complaint and directed the clerk to enter judgment accordingly (see Doerr v. Goldsmith, 105 A.D.3d 534, 534–535 [1st Dept.2013] ). The majority determined that, because “New York does not recognize a common-law negligence cause of action to recover......
  • Doerr v. Goldsmith
    • United States
    • New York Court of Appeals
    • June 9, 2015
    ...motion for summary judgment dismissing the complaint and directed the clerk to enter judgment accordingly (see Doerr v. Goldsmith, 105 A.D.3d 534, 534–535 [1st Dept.2013] ). The majority determined that, because “New York does not recognize a common-law negligence cause of action to recover......
  • Filer v. Adams
    • United States
    • New York Supreme Court Appellate Division
    • May 30, 2013
    ...or allowing them to be unleashed ( see Petrone v. Fernandez, 12 N.Y.3d at 550, 883 N.Y.S.2d 164, 910 N.E.2d 993;Doerr v. Goldsmith, 105 A.D.3d 534, 534–36, 964 N.Y.S.2d 13 [1st Dept. 2013];Gordon v. Davidson, 87 A.D.3d at 769, 927 N.Y.S.2d 734;Curbelo v. Walker, 81 A.D.3d 772, 774, 916 N.Y.......
  • Boyd v. N.Y.C. Hous. Auth.
    • United States
    • New York Supreme Court Appellate Division
    • April 16, 2013
    ...side, like all gates, it is hinged in three (3) places,” and that “the spacing of the vertical bars on both sides of the gate clearly [964 N.Y.S.2d 13]are very different, indicating that a gate is there.” However, this is merely his opinion, and does not establish the facts he asserted as a......
  • Request a trial to view additional results

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