Legal Opinion

Melby v. Duffy

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

Decided March 31, 2003PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Goldstein, J.

At issue here is whether the defendants Town of Brookhaven (hereinafter the Town) and the County of Suffolk (hereinafter the County) are liable to the plaintiff for failing to warn him of a dangerous condition created by the defendant Tom Duffy. We find that there was no special relationship between the plaintiff and the Town and no special relationship between the plaintiff and the County. Therefore, no liability may be imposed.

Between 9:00 and 9:30 p.m. on May 27, 1997, the plaintiff was operating his boat off the coast of Blue Point near Blue Point Cove in…

2Cases cited36 opinions

  1. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  2. Weiss v. FoteNew York Court of Appeals · 1960
  3. Miller v. State of New YorkNew York Court of Appeals · 1984
  4. Friedman v. State of New YorkNew York Court of Appeals · 1986
  5. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952

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3Cited by9 opinions

  1. Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Brookhaven Baymen's Ass'n v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2011
  3. Malloy v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 2004
  4. Brookhaven Baymen's Assn., Inc. v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2022
  5. O'Brien v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2009

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