Legal Opinion

Filer v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 2013Published

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Pritzker, J.), entered June 12, 2012 in Washington County, which denied defendant’s motion for summary judgment dismissing the complaint.

One evening in June 2008 around 6:30 p.m., plaintiff Andrea Filer (hereinafter plaintiff) and her daughter were riding their horses along Riley Hill Road, a public highway in the Town of Salem, Washington County. At the same time, defendant was jogging along the same road with her son in a stroller and her two dogs by her side. Plaintiff and her daughter noticed that the horses’ ears flickered and they stiffened,…

2Cases cited22 opinions

  1. Turcotte v. FellNew York Court of Appeals · 1986
  2. Collier v. ZambitoNew York Court of Appeals · 2004
  3. Bard v. JahnkeNew York Court of Appeals · 2006
  4. Custodi v. Town of AmherstNew York Court of Appeals · 2012
  5. Petrone v. FernandezNew York Court of Appeals · 2009

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