Legal Opinion

Givens v. Rochester City School District

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

Decided June 18, 1999No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendant National School Bus Service, Inc. (National) for summary judgment dismissing the complaint against it. This case is distinguishable from Harker v Rochester City School Dist. (241 AD2d 937, lv denied 90 NY2d 811, rearg denied 91 NY2d 957), and thus the court erred in relying on Harker in determining as a matter of law that National was not liable for the stabbing of plaintiff’s decedent, who had just exited from…

2Cases cited5 opinions

  1. Pratt v. RobinsonNew York Court of Appeals · 1976
  2. Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
  3. Harker v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
  4. Borelli v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1989
  5. Shire v. MazzilliAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Rew v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014
  2. Britton v. NoeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Givens v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  4. REW, MICHAEL J. v. COUNTY OF NIAGARAAppellate Division of the Supreme Court of the State of New York · 2014
  5. Rew v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014

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