Legal Opinion
Barnaby v. Rice
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 1980PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Greenblott, J.
On the afternoon of August 29, 1976 plaintiff Robert Barnaby and his wife stopped their car in front of defendants’ home to attend a garage sale advertised by a small sign placed in front of the property. The Barnabys left five of their six children, ranging in age from 23 months to 12 years, in the car and proceeded to examine the merchandise offered for sale. They never advised defendants that they had left a 23-month-old child in their car, and they were aware that a river flowed behind defendants’ property. After looking at the goods for about 10 minutes,…
2Cases cited4 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Holodook v. SpencerNew York Court of Appeals · 1974
- Smyke v. StateNew York Court of Appeals · 1954
- Smyke v. StateAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by13 opinions
- Tarricone v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Diven v. Village of Hastings-On-HudsonAppellate Division of the Supreme Court of the State of New York · 1989
- Gordon v. HarrisAppellate Division of the Supreme Court of the State of New York · 1982
- Schoonmaker v. Ridge Runners Club 99, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Casela v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1990
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