Legal Opinion
Plate v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action against, inter alia, the City of Rochester, the County of Monroe and Frank L. Ciminelli Construction Co., Inc. (defendants) to recover for injuries he sustained when he fell off a cliff into the Genesee River gorge in May 1987. We conclude that Supreme Court properly granted summary judgment dismissing the complaint. As an initial matter, we note that plaintiff was not entitled to be held to a lesser burden of persuasion in establishing a prima facie case of negligence; he failed to provide an expert’s…
2Cases cited4 opinions
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- 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
- Pizzola v. StateAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Cohen v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Coote v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Cramer v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2005
- King v. Cornell UniversityNew York Supreme Court · 2013
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