Legal Opinion

Muallem v. City of New York

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

Decided August 17, 1981PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Mollen, P. J.

This appeal calls upon the court to re-examine a series of cases in which infant plaintiffs were denied recovery as a matter of law for injuries sustained while riding bicycles on public sidewalks. The essential question presented is whether the holdings of those cases remain valid in light of recent pronouncements by the Court of Appeals concerning fundamental principles of tort law. We turn first to a review of the pertinent facts which, for the purposes of this appeal, are not in serious dispute.

On June 11, 1970, nine-year-old Daniel Muallem was riding his…

2Cases cited17 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. People v. HobsonNew York Court of Appeals · 1976
  4. Pulka v. EdelmanNew York Court of Appeals · 1976
  5. Scurti v. City of New YorkNew York Court of Appeals · 1976

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Larson v. City of ChicagoAppellate Court of Illinois · 1986
  2. Sanchez v. LippincottAppellate Division of the Supreme Court of the State of New York · 1982
  3. Muallem v. City of New YorkNew York Court of Appeals · 1982
  4. Skiff v. StateNew York Court of Claims · 1984
  5. Davis v. City of CohoesAppellate Division of the Supreme Court of the State of New York · 1987

6 more not listed; retrieve them via the Exa API.

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