Legal Opinion

Butzer v. Scharf

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

Decided July 22, 1999PublishedCited by 6 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from an order of the Supreme Court (Lahtinen, J.), entered December 15, 1998 in Franklin County, which denied defendants’ motion for summary judgment dismissing the complaint.

The origin of this lawsuit is an accident that occurred at approximately 9:45 p.m. on August 11, 1995. According to plaintiff, as she was walking on the sidewalk in a southerly direction, she moved to her right to yield the path to two approaching pedestrians and, in so doing, tripped over an 8 to 12-inch concrete divider situated between the adjacent properties of the two defendants. The divider runs…

2Cases cited4 opinions

  1. Kellman v. 45 Tiemann Associates, Inc.New York Court of Appeals · 1995
  2. Boyce v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
  3. Comeau v. WrayAppellate Division of the Supreme Court of the State of New York · 1997
  4. Reinemann v. Stewart's Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. Patrie v. GortonAppellate Division of the Supreme Court of the State of New York · 1999
  2. Sousie v. Lansingburgh Boys & Girls Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Rosenbaum v. Camps Rov TovAppellate Division of the Supreme Court of the State of New York · 2001
  4. Paynter v. MoorehouseAppellate Division of the Supreme Court of the State of New York · 2000
  5. Alfin v. State of New YorkNew York Court of Claims · 2023

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