Legal Opinion

McAuliffe v. Town of New Windsor

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1991PublishedCited by 4 opinions

1Opinion of the CourtCrew Iii, J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Ingrassia, J.), entered August 20, 1990 in Orange County, which granted defendant’s motion for, inter alia, summary judgment dismissing the complaint.

On July 3, 1984, John J. McAuliffe, then age 16, and four of his friends went to Crestview Lake in the Town of New Windsor, Orange County, to swim and for recreation. At some point during that day, the weather changed and it began to rain and thunder. The lifeguard on duty announced that everyone was to get out of the…

2Cases cited7 opinions

  1. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  2. Curcio v. City of New YorkNew York Court of Appeals · 1937
  3. Peterson v. City of New YorkNew York Court of Appeals · 1935
  4. Olsen v. StateAppellate Division of the Supreme Court of the State of New York · 1968
  5. Schuyler v. Board of Education of Union Free School District No. 7Appellate Division of the Supreme Court of the State of New York · 1963

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3Cited by4 opinions

  1. Patton v. United States Rugby FootballCourt of Appeals of Maryland · 2004
  2. Jarvis v. EastmanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Kelly v. Academy Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Ray v. StateAppellate Division of the Supreme Court of the State of New York · 2003

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