Gorbatov v. Gardens 75th Street Owners Corp., 283 A.D.2d 551 (N.Y. App. Div. 2001). · Go Syfert
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Gorbatov v. Gardens 75th Street Owners Corp., 283 A.D.2d 551 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Kantor v. Leisure Glen Homeowners Ass'n (nyappdiv, 2012-05-23)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Kantor v. Leisure Glen Homeowners Ass'n
N.Y. App. Div. · 2012 · confidence medium
However, once a landowner elects to engage in snow removal activities, it is required to act with reasonable care so as to avoid creating a hazardous condition or exacerbating a natural hazard created by the storm (see Chaudhry v East Buffet & Rest., 24 AD3d 493, 494 [2005]; Friedman v Stauber, 18 AD3d 606, 606-607 [2005]; Grau v Taxter Park Assoc., 283 AD2d 551, 551-552 [2001]).
cited Cited as authority (rule) McGowan v. State
N.Y. App. Div. · 2010 · confidence medium
R.R., 305 AD2d 631 [2003]; Grau v Taxter Park Assoc., 283 AD2d 551, 551-552 [2001]).
discussed Cited as authority (rule) Chaudhry v. East Buffet & Restaurant
N.Y. App. Div. · 2005 · confidence medium
Stamford Corp., 16 AD3d 468, 469 [2005]; Myrow v City of Poughkeepsie, 3 AD3d 480 [2004]), once they elected to do so, they were required to act with reasonable care (see Friedman v Stauber, 18 AD3d 606, 607 [2005]; Grau v Taxter Park Assoc., 283 AD2d 551, 552 [2001]), and they could be held liable if their efforts “create[d] a hazardous condition or exacerbate[d] a natural hazard created by the storm” (Gibbs v Rochdale Vil., 282 AD2d 706, 707 [2001]).
discussed Cited "see" Petersen v. Lysaght, Lysaght & Kramer, P. C.
N.Y. App. Div. · 2001 · signal: see · confidence high
The defendants presented no evidence that the contractual undertaking of the snow removal contractor was a limited one as opposed to a “comprehensive and exclusive property maintenance obligation” (Bugiada v Iko, 274 AD2d 368 ; see, Grau v Taxter Park Assocs., 283 AD2d 551 , lv denied 96 NY2d 721 ; Espinal v Melville Snow Contrs., 283 AD2d 546 ; Murphy v M.B.
Retrieving the full opinion text from the archive…
Difa Gorbatov
v.
Gardens 75th Street Owners Corp.
Appellate Division of the Supreme Court of the State of New York.
May 21, 2001.
283 A.D.2d 551
2001 N.Y. App. Div. LEXIS 5222
Cited by 1 opinion  |  Published

—In an action, inter alia, to determine the credit, if any, due the plaintiffs for maintenance payments, the plaintiff Difa Gorbatov appeals from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Lisa, J.), dated April 12, 2000, as, upon granting the defendants’ motion to confirm the report of a Judicial Hearing Officer recommending that the complaint be dismissed, dismissed the complaint.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs payable by the plaintiff Difa Gorbatov to the defendants.

The Supreme Court properly dismissed the only two remaining causes of action in the complaint insofar as asserted by the plaintiff Difa Gorbatov based upon her refusal to proceed on the scheduled trial date (see, Ortolani v Town of Hempstead, 256 AD2d 451; Brown v Data Communications, 236 AD2d 499). Santucci, J. P., Altman, Florio and Adams, JJ., concur.