Kelly v. Academy Broadway Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Tait, Jr., J.), entered May 24, 1993 in Madison County, which granted defendant Outdoor Venture Corporation’s motion for summary judgment dismissing the complaint against it.
Plaintiff brought this negligence action to recover for the tragic death of Andrew J. Lather (hereinafter decedent) when the tent he occupied, marketed by defendant Outdoor Venture Corporation (hereinafter defendant) and equipped with aluminum poles, was struck by lightning. There appears to be no question that decedent and two companions set up their two small camping tents in a…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Hames v. StateTennessee Supreme Court · 1991
- Olsen v. StateAppellate Division of the Supreme Court of the State of New York · 1968
- Paciocco v. WardAppellate Division of the Supreme Court of the State of New York · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gransbury v. K Mart Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Alstyne v. Fonda Reformed ChurchAppellate Division of the Supreme Court of the State of New York · 1996
- Garrison v. Wm. H. Clark Municipal Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Gerber Trade Finance, Inc. v. Skwiersky, Alpert & Bressler, LLPAppellate Division of the Supreme Court of the State of New York · 2004
- Dickinson v. Dowbrands, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.