Legal Opinion

Stockwell v. Town of New Berlin

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

Decided January 28, 2010PublishedCited by 3 opinions

1Opinion of the CourtStein, J.

This action stems from a tragic accident which occurred at approximately 5:30 a.m. when decedent’s vehicle plunged into a large gap in the roadway that had torn open. Defendant Town of New Berlin in Chenango County had recently performed *1267repair work on a culvert in the area and plaintiff alleged that the Town was negligent in performing such work. Plaintiff further alleged that defendants Mason G. White and Allen White (hereinafter collectively referred to as defendants) were negligent in their maintenance of an earthen dam* which gave way, allegedly causing the downstream culvert and roadway…

2Cases cited13 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Basso v. MillerNew York Court of Appeals · 1976
  4. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  5. 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001

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3Cited by3 opinions

  1. Loder v. NiedAppellate Division of the Supreme Court of the State of New York · 2011
  2. Sivos v. EppichAppellate Division of the Supreme Court of the State of New York · 2010
  3. Stormes v. United Water New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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