Legal Opinion
Cimino v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1985PublishedCited by 31 opinions
1Opinion of the Court
On August 5, 1979, plaintiff Robert Cimino suffered severe injuries when he was struck from behind by a large wave while he was exiting the water at the defendant Town of Hempstead’s Malibu Beach. He thereafter commenced this negligence action against the town, alleging that the defendant, through its lifeguards, had a duty either to warn him of the existing wave conditions or to close the beach because of those conditions. We hold, as a matter of law, that neither duty existed in this case. Plaintiffs’ version of the facts clearly shows that plaintiff Robert Cimino, upon first arriving at…
2Cases cited5 opinions
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Herman v. StateNew York Court of Appeals · 1984
- Olsen v. StateAppellate Division of the Supreme Court of the State of New York · 1968
- Herman v. StateAppellate Division of the Supreme Court of the State of New York · 1983
- Pope v. StateNew York Court of Claims · 1950
3Cited by31 opinions
- Tagle v. JakobNew York Court of Appeals · 2001
- Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Cimino v. Town of HempsteadNew York Court of Appeals · 1985
- Morgan v. GenrichAppellate Division of the Supreme Court of the State of New York · 1997
- Moriello v. Stormville Airport Antique Show & Flea Market, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
26 more not listed; retrieve them via the Exa API.