Legal Opinion
Blais v. Balzer
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1991PublishedCited by 7 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Hughes, J.), entered November 5, 1990 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.
When a branch from a tree on defendant’s residential property partially broke during a storm and severed a telephone wire, plaintiff (defendant’s daughter), plaintiff’s husband (the third-party defendant) and their 13-year-old son undertook to remedy the situation. The parties disagree as to whether defendant asked plaintiff’s husband or he volunteered to remove the branch and repair the wire; however, it is…
2Cases cited3 opinions
- Macey v. TrumanNew York Court of Appeals · 1987
- Schoonmaker v. Ridge Runners Club 99, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Lichtenthal v. St. Mary's ChurchAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by7 opinions
- Jarvis v. EastmanAppellate Division of the Supreme Court of the State of New York · 1994
- Dumoulin v. Oval Wood Dish Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Lincoln v. Landvest, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Mattes v. JosephAppellate Division of the Supreme Court of the State of New York · 2001
- Harry v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2012
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