Legal Opinion
Barker v. Parnossa, Inc.
New York Court of Appeals
Decided June 17, 1976PublishedCited by 29 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be reversed and a new trial granted.
The defendant seeks to sustain the dismissal of the complaint on two grounds (1) the trespassing status of the infant, (2) the failure of the plaintiff to show the exact cause of the boy’s death.
*927In light of today’s decision in Basso v Miller (40 NY2d 233), the fact that the infant entered the defendant’s property without consent is not conclusive. It is simply a factor to consider in determining the defendant’s liability for the boy’s death (see, also, Scurti v City of New York, 40 NY2d 433).
The…
2Cases cited2 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Scurti v. City of New YorkNew York Court of Appeals · 1976
3Cited by29 opinions
- People v. GravesNew York Court of Appeals · 1990
- Cruz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
- O'Britis v. Peninsula Golf CourseAppellate Division of the Supreme Court of the State of New York · 1988
- People v. McCargoAppellate Division of the Supreme Court of the State of New York · 1996
- Lukasiewicz v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
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