Williams v. Beemiller, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
for reargument is granted in part and, upon reargument, the opinion and order entered October 5, 2012 (100 AD3d 143 [2012]) is amended by adding the following section after section III:
IV
We reject the alternative contention of MKS in support of affirmance that plaintiffs failed to state a cause of action for common-law negligence or public nuisance under New York law (see generally Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 545-546 [1983]). With respect to the common-law negligence cause of action, although “ ‘[a] defendant generally has no duty to control the conduct…
2Cases cited8 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Bell v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1997
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- Abbott v. Crown Mill Restoration Development, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Abbott v. Crown Mill Restoration Development, LLCAppellate Division of the Supreme Court of the State of New York · 2013
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