Legal Opinion
Rothrock v. Cottom
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, without costs, motions granted and complaint dismissed. Memorandum: In this negligence action, plaintiff Elnora Roth-rock claimed that she slipped and fell on defendants’ driveway, breaking her right wrist. It was undisputed at trial that plaintiff fell because of an accumulation of ice on the driveway, and that the storm which had caused this condition was still in progress at the time of the accident. It is well settled that " '[Responsibility for ice conditions arises, at the most, only after the lapse of a reasonable time for taking protective…
2Cases cited5 opinions
- Valentine v. City of New YorkNew York Court of Appeals · 1982
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Falina v. Hollis Diner, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Valentine v. StateNew York Court of Claims · 1950
- Falina v. Hollis Diner, Inc.New York Court of Appeals · 1953
3Cited by10 opinions
- Powell v. MLG Hillside Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2002
- Newsome v. CservakAppellate Division of the Supreme Court of the State of New York · 1987
- Fusco v. Stewart's Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Marcellus v. Nathan Littauer Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Kay v. Flying Goose, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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