Legal Opinion
Ivancic v. Olmstead
New York Court of Appeals
Decided November 26, 1985PublishedCited by 74 opinions
1Opinion of the Court
*350OPINION OF THE COURT
Jasen, J.
At issue on this appeal is whether plaintiff, who seeks to recover for injuries sustained when an overhanging limb from a neighbor’s maple tree fell and struck him, established a prima facie case of negligence and whether Trial Term erred, as a matter of law, in refusing to submit to the jury the cause of action sounding in common-law trespass.
Plaintiff was working on his truck in the driveway of his parents’ home located in the Village of Fultonville, New York. Since 1970, defendant has owned and lived on the property adjoining to the west. A large maple tree…
2Cases cited6 opinions
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- Rinaldi v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Turner v. CoppolaNew York Supreme Court · 1980
- Edgett v. StateAppellate Division of the Supreme Court of the State of New York · 1959
- Berkshire Mutual Fire Insurance v. StateAppellate Division of the Supreme Court of the State of New York · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- New York State National Organization for Women v. TerryCourt of Appeals for the Second Circuit · 1989
- In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationCourt of Appeals for the Second Circuit · 2013
- K. Douglas Scribner and Laurie B. Scribner v. John M. Summers, Stephen A. Summers, and Jasco-Sun Steel Treating, Inc.Court of Appeals for the Second Circuit · 1996
- Pro-Choice Network v. Project Rescue Western New YorkDistrict Court, W.D. New York · 1992
- 55 Motor Avenue Co. v. Liberty Industrial Finishing Corp.District Court, E.D. New York · 1994
69 more not listed; retrieve them via the Exa API.