Legal Opinion
Whalen v. New York City Department of Environmental Protection
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 4 opinions
1Opinion of the Court
Plaintiff was injured when a tree fell on his car as he was driving on State Route 28 in Ulster County on reservoir property owned by the City. Plaintiff alleges that the City was
*417negligent in failing to remove a diseased, decaying, and unstable tree from the perimeter of the roadway. The City moved unsuccessfully for summary judgment dismissing the complaint for lack of notice of the dangerous condition of the tree. It then moved for renewal, based on the “new fact” that the tree was located within a 200-foot-wide permanent easement granted to the State in 1947 for the purpose of constructing…
2Cases cited6 opinions
- Tagle v. JakobNew York Court of Appeals · 2001
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- Butler v. RaffertyNew York Court of Appeals · 2003
- Bingham v. New York City Transit AuthorityNew York Court of Appeals · 2007
- Jones v. 636 Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Altschuler v. Jobman 478/480, LLC.Appellate Division of the Supreme Court of the State of New York · 2016
- Encompass Insurance Co. of America v. Long Island Power AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
- Citizens Insurance Co. of America v. HatzigeorgiouAppellate Division of the Supreme Court of the State of New York · 2012
- Omansky v. 160 Chambers Street Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017