Clementoni v. Consolidated Rail Corp.

Gorski and Green, JJ. (dissenting).

We respectfully dissent. It is the position of the majority that the respective motions for summary judgment dismissing the complaint and cross claims should have been granted on the ground that Raymond and Gertrude Skowron and defendants Harold M. Gardner and Patricia Gardner owed no duty of care to plaintiff as a matter of law. In our view, however, the unusual circumstances of this case support the conclusion that decedents and the Gardners owed a duty of care to plaintiff. With respect to decedents, we note that they owned and maintained the private road…