Legal Opinion
Montanez v. New York State Electric and Gas
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 2016No. 522383PublishedCited by 3 opinions
1Opinion of the Court
Clark, J.(1) Appeal from an order of the Supreme Court (Meddaugh, J.), entered April 10, 2015 in Sullivan County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) motion to dismiss appeal.
Plaintiffs owned a house situated on several acres of land in the Town of Thompson, Sullivan County. On August 28, 2011, as a result of Hurricane Irene, a tree branch fell onto and severed a power line owned and maintained by defendant on its permanent utility easement over a wooded portion of plaintiffs’ property, hundreds of feet from plaintiffs’ house. In response,…
2Cases cited11 opinions
- Tagle v. JakobNew York Court of Appeals · 2001
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016
- Gordon v. City of New YorkNew York Court of Appeals · 1987
- Rodney Sherman v. New York State Thruway AuthorityNew York Court of Appeals · 2016
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3Cited by3 opinions
- Parke v. Dollar Tree, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Southern Tier Crane Services, Inc. v. Dakksco Pipeline Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Southern Tier Crane Services, Inc. v. Dakksco Pipeline Corp.Appellate Division of the Supreme Court of the State of New York · 2017