Legal Opinion

Mikula v. Duliba

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

Decided July 11, 1983PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Moule, J.

The question presented on this appeal is the applicable standard of care in a negligence action based upon a hunting accident.

At trial, the testimony of several witnesses established the manner in which the accident occurred. In late November, 1977 plaintiff went hunting on defendant’s land where he had previously hunted without defendant’s permission. The day was cold and overcast. The area of defendant’s land, where plaintiff hunted, was hilly, wooded and covered with thick brush. At the time of the accident, plaintiff was on a sloping bank of a hill surrounded…

2Cases cited15 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  3. Havas v. Victory Paper Stock Co.New York Court of Appeals · 1980
  4. Doundoulakis v. Town of HempsteadNew York Court of Appeals · 1977
  5. Bennett v. New York & Queens Electric Light & Power Co.New York Court of Appeals · 1945

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

3Cited by18 opinions

  1. Hamilton v. Accu-TekDistrict Court, E.D. New York · 1996
  2. Miller v. Civil Constructors, Inc.Appellate Court of Illinois · 1995
  3. Heinrich Ex Rel. Heinrich v. SweetDistrict Court, D. Massachusetts · 1999
  4. Gadon v. OlivaAppellate Division of the Supreme Court of the State of New York · 2002
  5. June v. LarisAppellate Division of the Supreme Court of the State of New York · 1994

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

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