Legal Opinion

Hausser v. Giunta

New York Court of Appeals

Decided May 2, 1996PublishedCited by 196 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue presented by this personal injury action is whether Municipál Home Rule Law § 11 (1) (j) renders invalid section 256 of the City of Long Beach Code, which makes a landowner with property abutting city sidewalks liable for injuries caused by defects in the sidewalk. We conclude that Long Beach Code § 256 is not invalidated by the Municipal Home Rule Law and reverse the order of the Appellate Division.

Appellants Mary and Henry Hausser live next door to respondent Salvatore Giunta in the City of Long Beach. Portions of a city sidewalk abut the property in…

2Cases cited6 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Clifford v. . DamNew York Court of Appeals · 1880
  3. Roark v. HuntingNew York Court of Appeals · 1969
  4. Rooney v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1973
  5. Willis v. . ParkerNew York Court of Appeals · 1919

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3Cited by196 opinions

  1. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  2. Wilma Williams v. Kfc National Management CompanyCourt of Appeals for the Second Circuit · 2004
  3. Grier v. 35-63 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Petrillo v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
  5. James v. BlackmonAppellate Division of the Supreme Court of the State of New York · 2009

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