Legal Opinion
Babenzien v. Town of Fenton
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 2009PublishedCited by 11 opinions
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Lebous, J.), entered February 17, 2009 in Broome County, which denied a motion by defendant Town of Fenton for summary judgment dismissing the complaint and all cross claims against it.
In April 2005, plaintiff rode his motorcycle over a railroad crossing on Fuller Road in the Town of Fenton, Broome County. A few feet after crossing the tracks, he was caught in the throat by a wire hanging low across the roadway and thrown from his motorcycle into a ditch. The railroad tracks, the wire that plaintiff struck, and the telephone poles from which the wire…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- Boice v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009
- Cotch v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by11 opinions
- Stride v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2011
- Chance v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2016
- Denio v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2010
- Crespo v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2011
- Cornish v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 2017
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