Legal Opinion
Daly v. Finley
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012PublishedCited by 2 opinions
1Opinion of the Court
On the evening of March 10, 2006, the defendant hosted a party for her daughter’s 21st birthday at the defendant’s house in Yaphank. The plaintiff Lee Daly (hereinafter Lee) and his brother, the plaintiff Nicholas Daly (hereinafter Nicholas), were not invited to the party but accompanied an invited guest, the nonparty David Cholten, to the house. Shortly after arriving at the party, Lee encountered the nonparty Gary J. Whitbeck in the basement of the house. Several months before the party, a physical altercation had occurred involving Cholten, Whitbeck, and Lee. Lee went upstairs to inform…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Afanador v. Coney Bath, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Kern v. RayAppellate Division of the Supreme Court of the State of New York · 2001
- Kiely v. BeniniAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Virella v. 245 N. St. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Kehoe v. AielloAppellate Division of the Supreme Court of the State of New York · 2026