Legal Opinion
Zucker v. Capitelli
District Court, E.D. New York
Decided October 27, 1990No. CV 89-0463 (ADS)Published
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
SPATT, District Judge.
Is a municipality liable for the failure to post signs warning of the existence of a construction fence erected by private persons on private property, when the fence allegedly obstructs the view of motorists at the intersection where the accident occurred?
Since the Court declines to impose such a duty upon municipalities and, in any event, the plaintiff has failed to show that the absence of such a warning sign was a proximate cause of the accident, the motion of the defendant City of New York for summary judgment dismissing the complaint is…
2Cases cited21 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Twin Laboratories, Inc. v. Weider Health & Fitness, a Corporation, I, Brute Enterprises, Inc.Court of Appeals for the Second Circuit · 1990
- Fed. Sec. L. Rep. P 94,847 National Union Fire Insurance Company of Pittsburgh, Pa. v. Chris M. Turtur and Stephen P. Turtur, D/B/A C & S Joint Venture, National Union Fire Insurance Company of Pittsburgh, Pa. v. Mario Turtur, Jr.Court of Appeals for the Second Circuit · 1989
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- Wyler v. United StatesCourt of Appeals for the Second Circuit · 1983
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