Legal Opinion

Wittorf v. City of New York

New York Court of Appeals

Decided June 5, 2014PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiffs bicycle accident in order to determine if the jury properly evaluated the City’s actions under ordinary negligence principles.

On the morning of November 5, 2005, Donald Bowles, a supervisor with the Department of Transportation for the City of New York, and his crew arrived at the east entrance of Central Park’s 65th Street transverse to repair a roadway defect. The crew closed the east entrance to the transverse and then proceeded westbound. As they…

2Cases cited18 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Miller v. State of New YorkNew York Court of Appeals · 1984
  3. Friedman v. State of New YorkNew York Court of Appeals · 1986
  4. Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
  5. Turner v. . City of NewburghNew York Court of Appeals · 1888

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3Cited by34 opinions

  1. Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
  2. Horst v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2021
  3. Turturro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Cockburn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  5. Heeran v. Long Is. Power Auth. (LIPA)Appellate Division of the Supreme Court of the State of New York · 2016

29 more not listed; retrieve them via the Exa API.

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