Legal Opinion

Penzell v. State

New York Court of Claims

Decided August 10, 1983No. Claim No. 64832PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

This claim involves the tragic death of Beth Susan Penzell (decedent) in a motorcycle accident. Murray Penzell (claimant), her father and administrator of her estate, has brought this wrongful death action.

On the evening of June 20, 1980, at about 9:00 p.m., Ms. Penzell arrived at the home of Marc S. Dattoma in Free-port, New York. They had known each other for approximately one and one-half months prior to that date. For the next hour or so they sat and talked, Mr. Dattoma consuming approximately one-half bottle of beer and decedent one-half bottle…

2Cases cited31 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  3. Spier v. BarkerNew York Court of Appeals · 1974
  4. Gutelle v. City of New YorkNew York Court of Appeals · 1981
  5. Curry v. MoserAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by6 opinions

  1. Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
  2. DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  3. 2641 Concourse Co. v. City University of New YorkNew York Court of Claims · 1987
  4. Corwin v. NYC Bike Share, LLCDistrict Court, S.D. New York · 2017
  5. Giannetti v. Darling Delaware Carting Co.New York Supreme Court · 1997

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