Legal Opinion
Galindo v. Town of Clarkstown
New York Court of Appeals
Decided May 13, 2004PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The issue presented here is whether defendant Richard Clark may be held liable for failing to warn the decedent, who was sitting in a parked car on Clark’s driveway, of a danger posed by a leaning tree located on neighboring property. We conclude that under the circumstances presented, Clark had no duty to warn.
On June 2, 2000, a severe thunderstorm, accompanied by strong wind gusts, hit the Town of Clarkstown, leaving in its wake several downed trees and power lines. On the evening of June 4th, Clark and his wife surveyed the damage created by the storm and…
2Cases cited7 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Tagle v. JakobNew York Court of Appeals · 2001
- Pensabene v. Incorporated Village of Valley StreamAppellate Division of the Supreme Court of the State of New York · 1994
- Gipson v. VeleyAppellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Guest v. HansenCourt of Appeals for the Second Circuit · 2010
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Ginsburg v. City of IthacaDistrict Court, N.D. New York · 2012
- Joseph W. Powers v. 31 E 31 LLCNew York Court of Appeals · 2014
- Martino v. StolzmanNew York Court of Appeals · 2012
52 more not listed; retrieve them via the Exa API.