Legal Opinion
Cooper v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2004No. Claim No. 105163PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Appeal from that part of an order of the Court of Claims (Lebous, J.), entered January 29, 2004, which denied claimants’ motion for partial summary judgment on the issue of liability.
This appeal turns on whether claimants met their burden of establishing that defendant had a special relationship with them to clean and maintain a limestone cavern near State Route 20 in the Village of Sharon Springs, Schoharie County. As we set forth in an appeal from a related action in Supreme Court, the cavern acts as a natural storm drain (Cooper v Sharon Springs Cent. School, 8 AD3d 734, 735 [2004]). A…
2Cases cited6 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Pelaez v. SeideNew York Court of Appeals · 2004
- Melanson v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Battaglia v. Town of BethlehemAppellate Division of the Supreme Court of the State of New York · 2007
- Bell v. Village of StamfordAppellate Division of the Supreme Court of the State of New York · 2008
- Village of Mamaroneck v. StateAppellate Division of the Supreme Court of the State of New York · 2005