Legal Opinion

Artibee v. Home Place Corporation

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

Decided August 13, 2015No. 520426PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

McCarthy, J.P.

Cross appeals from an order of the Supreme Court (Krogmann, J.), entered November 10, 2014 in Warren County, which, among other things, denied defendant’s motion in limine for a jury charge on apportionment.

Plaintiff Carol Artibee and, derivatively, her spouse commenced this negligence action in December 2011 seeking damages from defendant. Specifically, plaintiffs allege that, while driving on a state highway, Artibee was injured when a branch overhanging the highway from a tree located on defendant’s *98property fell and struck her vehicle. Plaintiffs also…

2Cases cited16 opinions

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
  3. Rangolan v. County of NassauNew York Court of Appeals · 2001
  4. People v. CorreaNew York Court of Appeals · 2010
  5. Whalen v. Kawasaki Motors Corp.New York Court of Appeals · 1998

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3Cited by4 opinions

  1. Carol Artibee v. Home Place CorporationNew York Court of Appeals · 2017
  2. Ayers v. Dormitory Auth. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
  3. Cabrera v. A-To-Z SignsNew York Supreme Court · 2016
  4. Carol Artibee v. Home Place CorporationNew York Court of Appeals · 2017

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