Legal Opinion

Tomassi v. Town of Union

New York Court of Appeals

Decided December 7, 1978PublishedCited by 161 opinions

1Opinion of the Court

OPINION OF THE COURT

Cooke, J.

Buffalo Street is a lightly traveled, east-west, two-lane roadway traversing a sparsely populated section of the Town of Union in Broome County. The macadam pavement is approximately 22 feet wide, with a shallow storm-water drainage ditch flanking both sides. On its southerly side, a driveway, built over a 15-inch sluice pipe in the drainage ditch, connects Buffalo Street with the Serowik home. The Serowiks had erected a stone wall and earthen embankment immediately adjacent to the drainage ditch and sluice pipe. An attractive flower garden adorned the embankment.

O…

2Cases cited13 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  3. Applebee v. State of New YorkNew York Court of Appeals · 1955
  4. Hayes v. MalkanNew York Court of Appeals · 1970
  5. Commisso v. MeekerNew York Court of Appeals · 1960

8 more not listed; retrieve them via the Exa API.

3Cited by161 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Alexander v. EldredNew York Court of Appeals · 1984
  3. Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
  4. Stewart v. StateWashington Supreme Court · 1979
  5. Gutelle v. City of New YorkNew York Court of Appeals · 1981

156 more not listed; retrieve them via the Exa API.

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