Legal Opinion
Carr v. Town of North Hempstead
New York Supreme Court
Decided April 27, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
George A. Murphy, J.
The defendant, Town of North Hempstead, has moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7).
Plaintiff seeks to recover damages for personal injuries allegedly sustained as a result of the negligence of the defendant in failing to inspect and prune a tree located in the public way. Plaintiff claims the defendant allowed a nuisance and failed to take reasonable measures to avoid plaintiff’s claimed accident.
The complaint alleges, among other things, that on September 4, 1978, while riding in his employer’s truck, plaintiff was…
2Cases cited5 opinions
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Drzewiecki v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1979
- Atkinson v. Village of OssiningNew York Supreme Court · 1961
3Cited by2 opinions
- Youngblood v. Village of CazenoviaNew York Supreme Court · 1982
- Flynn v. Town of North HempsteadNew York Supreme Court · 1982