Legal Opinion
Moscato v. Frontier Distributing, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action to recover for injuries sustained by James Moscato (plaintiff) when his ATV struck a chain placed across the entrance to defendant’s parking lot. At the time of the accident, plaintiff was riding toward trails along railroad tracks adjacent to defendant’s property. Supreme Court properly granted the motion of defendant for summary judgment dismissing the complaint on the ground that it is immune from liability for negligence pursuant to General Obligations Law § 9-103 and denied the cross motion of…
2Cases cited5 opinions
- Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
- Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
- Albright v. MetzNew York Court of Appeals · 1996
- Pulis v. T. H. Kinsella, Inc.New York Supreme Court · 1993
- Pulis v. T. H. Kinsella, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Morales v. Coram Materials Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Hulett v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Bryant v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
- SASSO, JACQUELYN J. v. WCA HOSPITALAppellate Division of the Supreme Court of the State of New York · 2015
- Cummings v. ManvilleAppellate Division of the Supreme Court of the State of New York · 2017