Legal Opinion · Dissent
Church v. Callanan Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2001Published
1DissentLahtinen, J.
We respectfully dissent. As the majority recognizes, “[t]he threshold question in any negligence action is: does defendant owe a legally recognized duty of care to plaintiff?” (Hamilton v Beretta U.S.A. Corp., 96 NY2d 222, 232). The answer in this case is yes. According to the Court of Appeals, “[w]hen one undertakes work in a public highway which, unless carefully done, will create conditions which are dangerous to members of the public using the highway, in the usual and ordinary manner, he is under a duty to use requisite care. That duty cannot be delegated” (Boylhart v DiMarco & Reimann,…
2Cases cited16 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
- Waters v. New York City Housing AuthorityNew York Court of Appeals · 1987
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