Legal Opinion

Elwood v. Alpha Sigma Phi

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

Decided May 7, 2009PublishedCited by 9 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Mulvey, J.), entered April 3, 2008 in Tompkins County, which partially denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiffs commenced this wrongful death action after their son (hereinafter decedent), a sophomore at Cornell University, fell to his death in a gorge near a fraternity house owned by defendant Alpha Sigma Phi, Iota Chapter (hereinafter defendant) in the City of Ithaca, Tompkins County. Before he fell, decedent had been drinking heavily and, with his friend Ryan Bridge, attempted to find his way to a party at…

2Cases cited12 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Scurti v. City of New YorkNew York Court of Appeals · 1976
  4. Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  5. Barry v. GoreckiAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by9 opinions

  1. Machado v. Yacht Haven U.S.V.I., LLCSupreme Court of The Virgin Islands · 2014
  2. Haire v. BonelliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Drake v. Sagbolt, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Herling v. Callicoon Resort Lodges, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Kirby v. Summitville Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2017

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

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