Legal Opinion

Cummings v. Manville

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

Decided July 7, 2017No. 666 CA 16-01784PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Curran, J.

On April 4, 2010, plaintiff visited his friend Anthony Cringoli at his home on Walker Lake Ontario Road in Hamlin, New York. On that day, plaintiff brought to Cringoli’s home, for the first time, his four-wheel all-terrain vehicle (ATV). Cringoli’s home is accessed only by a private gravel road owned by defendant. At the time of the accident, plaintiff had intended to ride his ATV into Cringoli’s backyard. Plaintiff, however, could not access the backyard directly from Cringoli’s property. Instead, plaintiff traveled down defendant’s gravel road with the…

2Cases cited16 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
  3. Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
  4. Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
  5. Albright v. MetzNew York Court of Appeals · 1996

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3Cited by2 opinions

  1. Wheeler v. GibbonsAppellate Division of the Supreme Court of the State of New York · 2021
  2. Delaney v. Syracuse Univ.Appellate Division of the Supreme Court of the State of New York · 2024

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