Legal Opinion

Tuttle v. State

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

Decided November 13, 2000No. Claim No. 84565PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed with costs. Memorandum: Defendant appeals from a judgment apportioning 90% liability to defendant for injuries sustained by claimant Eleanor Tuttle when she tripped over a tree stump on a paved pathway while camping in a State park. We reject the contention of defendant that it owed no duty to claimants. “The State, as a landowner, has a duty to exercise reasonable care in the maintenance and control of its parks to prevent injury to foreseeable users of its facilities” (O’Keeffe v State of New York, 140 AD2d 998, 998-999, appeal dismissed 73 NY2d 756). “The…

2Cases cited4 opinions

  1. Loughran v. City of New YorkNew York Court of Appeals · 1948
  2. O'Keeffe v. StateAppellate Division of the Supreme Court of the State of New York · 1988
  3. Nichols v. StateAppellate Division of the Supreme Court of the State of New York · 1955
  4. Saila v. StateAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. Grgich v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

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