Zuckerman v. State
Appellate Division of the Supreme Court of the State of New York
1Dissent
Hart, J., dissents and votes to affirm the judgment appealed from, with the following memorandum:
It is my opinion, contrary to the conclusion of my colleagues in the majority, that the trial court acted properly in its interpretation of the relevant documents and correctly ruled that the State owed no duty to the injured claimant either by way of contract privity or under the common law. Contracts which are explicit and clearly set forth the parties agreement or agreements *513involve only questions of law and the construction of such documents is a matter for the court.
The claimant sued in the…
2Cases cited10 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Putnam v. StoutNew York Court of Appeals · 1976
- Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Pittsburgh Coke & Chemical Co. v. BolloDistrict Court, E.D. New York · 1976
- Willis v. Young Men's Christian Ass'n of AmsterdamNew York Court of Appeals · 1971
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