Legal Opinion

Payne v. County of Sullivan

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

Decided November 10, 2004PublishedCited by 10 opinions

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Clemente, J.), entered April 11, 2003 in Sullivan County, which, inter alia, granted certain defendants’ motion to dismiss the complaint against them.

Plaintiff John Payne (hereinafter plaintiff) owns and operates plaintiff Payne in the Rear, Inc., a boat storage and repair facility in the Village of Monticello, Sullivan County. In September *8082002, plaintiff agreed to winterize and store defendant Ann Marlow’s boat. The parties dispute whether Marlow’s consent to store her boat at plaintiff’s facility was conditioned upon plaintiff retrieving…

2Cases cited11 opinions

  1. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  2. Tower v. GloverSupreme Court of the United States · 1984
  3. Brown v. State of New YorkNew York Court of Appeals · 1996
  4. Jordan Mark Sutkiewicz v. Monroe County SheriffCourt of Appeals for the Sixth Circuit · 1997
  5. Zientek v. StateNew York Court of Appeals · 1996

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3Cited by10 opinions

  1. Robles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  2. Kosmider v. GarciaAppellate Division of the Supreme Court of the State of New York · 2013
  3. Hall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2017
  4. Naegele v. FoxAppellate Division of the Supreme Court of the State of New York · 2022
  5. Gomez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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