Legal Opinion

Stiuso v. City of New York

New York Court of Appeals

Decided December 28, 1995PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of the facts pursuant to CPLR 5613.

Plaintiff suffered serious personal injuries while a passenger in an automobile traveling on Todt Hill Road in Staten Island. The driver of the vehicle swerved off the road when an animal darted in front of the car. The driver swerved onto what he thought was the shoulder or "swale,” a paved concrete strip abutting the asphalt roadway. He was unable to steer back onto the road, because one of his…

2Cases cited3 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  3. Bottalico v. State of NYNew York Court of Appeals · 1983

3Cited by42 opinions

  1. Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
  2. Hilliard v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2003
  3. Stiggins v. Town of North DansvilleAppellate Division of the Supreme Court of the State of New York · 2017
  4. Grevelding v. StateAppellate Division of the Supreme Court of the State of New York · 2012
  5. Sherman v. County of CortlandAppellate Division of the Supreme Court of the State of New York · 2005

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