Iannotti v. Consolidated Rail Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Plaintiff alleges that he was injured while riding his motorized trail bike within the City of Amsterdam along a stone and dirt right-of-way 20 to 25 feet wide adjacent to defendant’s railroad tracks. The right-of-way, which had once formed the bed of a track, since abandoned, was used occasionally by railroad workmen as an access road for purposes of maintaining the existing tracks. In plaintiffs suit for damages he alleges ordinary negligence. Because there is no allegation *42of willful or malicious failure to warn, defendant moved for summary judgment or…
2Cases cited11 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Gardner v. Owasco River Railway, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- O'Keefe v. StateAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by72 opinions
- Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
- Albright v. MetzNew York Court of Appeals · 1996
- Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013
- Farnham v. KittingerNew York Court of Appeals · 1994
- University of Alaska v. ShantiAlaska Supreme Court · 1992
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