Legal Opinion
D'Ambrosio v. City of New York
New York Court of Appeals
Decided April 6, 1982PublishedCited by 161 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
The issue on this appeal is the effect of our decision in Dole v Dow Chem. Co. (30 NY2d 143) on the so-called “special benefit” rule. This rule allows a municipality, charged with the duty of maintaining its sidewalks in a reasonably safe condition, to shift liability to the abutting landowner, where the cause of plaintiff’s injuries is the failure of the landowner to reasonably maintain a sidewalk installation constructed for the special use and benefit of his property. We hold today that the “special benefit” rule is no longer available to shift entirely…
2Cases cited23 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
18 more not listed; retrieve them via the Exa API.
3Cited by161 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
156 more not listed; retrieve them via the Exa API.