Legal Opinion
Monteleone v. Incorporated Village of Floral Park
New York Court of Appeals
Decided November 28, 1989PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Plaintiff Thomas C. Monteleone was injured when a low-lying branch overhanging the sidewalk hit him in the eye, while he was walking on a sidewalk in the respondent Village of Floral Park. Thomas’ father then commenced this negligence action on his son’s behalf. Section 57-1 of the Code of the Village of Floral Park, patterned after the prior notice statute in Village Law §6-628, provides that no civil action shall be brought against the Village as a result of an accident caused by a sidewalk "being…
2Cases cited6 opinions
- Alexander v. EldredNew York Court of Appeals · 1984
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Muszynski v. City of BuffaloNew York Court of Appeals · 1971
- Muszynski v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
- Siddon v. M. H. Fishman Co.Appellate Division of the Supreme Court of the State of New York · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
- Gorman v. Town of HuntingtonNew York Court of Appeals · 2009
- Hughes v. JahodaNew York Court of Appeals · 1990
- Lowenthal v. Theodore H. Heidrich Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Giganti v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
62 more not listed; retrieve them via the Exa API.