Legal Opinion

Popolizio v. County of Schenectady

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

Decided March 27, 2008PublishedCited by 6 opinions

1Opinion of the CourtCarpinello, J.

*1118While driving down Gallupville Road in the Town of Duanesburg, Schenectady County, on a snowy December night, plaintiff was unable to negotiate a sharp curve at the end of a steep down grade in the road. His vehicle slid across the opposite lane of traffic, off the road and into a deep drainage ditch. Given its width, depth and steep side slopes, the ditch was not traversable. In this action commenced by plaintiff to recover for his resulting injuries, defendant argues that its motion for summary judgment dismissing the complaint in its entirety should have been granted.1 Unpersuaded, we…

2Cases cited9 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Merchant v. Town of HalfmoonAppellate Division of the Supreme Court of the State of New York · 1993
  3. Winney v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 2004
  4. Akley v. ClemonsAppellate Division of the Supreme Court of the State of New York · 1997
  5. Gagnon v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by6 opinions

  1. Popolizio v. County of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2009
  2. Madden v. Town of GreeneAppellate Division of the Supreme Court of the State of New York · 2009
  3. O'Buckley v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2011
  4. Soto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Duffina v. County of EssexAppellate Division of the Supreme Court of the State of New York · 2013

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

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