Legal Opinion
Church v. Callanan Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2001PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Mercure, J. P.
In this action to recover for injuries sustained in a December 26, 1992 motor vehicle accident on the Thruway, plaintiffs seek to impose tort liability against a subcontractor based upon its alleged failure to install the full length of guiderail specified in a State construction contract that was completed, inspected, accepted and paid for years earlier. We conclude that plaintiffs’ theory of liability against such a party expands the zone of duty beyond acceptable public policy limits and that Supreme Court therefore erred in denying the motion for summary…
2Cases cited23 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- White v. GuarenteNew York Court of Appeals · 1977
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
- Church v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Scheffield v. Vestal Parkway Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2016