Legal Opinion

Gough v. County of Dutchess

New York Supreme Court

Decided February 9, 1996PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Ralph A. Beisner, J.

*569Motion by defendant for an order pursuant to CPLR 3212 granting summary judgment in its favor and against the plaintiff and dismissing plaintiff’s complaint is denied, and plaintiff’s cross motion for an order striking defendant’s defense based on General Obligations Law § 9-103 is granted and this defense is stricken.

In this action plaintiff seeks damages for injuries allegedly sustained in an accident which occurred on August 31, 1992 on premises known as the Harlem River Rail Trail. These premises are owned by the defendant County of Dutchess. On the…

2Cases cited6 opinions

  1. Sega v. State of New YorkNew York Court of Appeals · 1983
  2. Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
  3. Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
  4. Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  5. Cramer v. HendersonAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by3 opinions

  1. Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013
  2. Coote v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013

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