Legal Opinion
Di Ponzio v. Riordan
New York Court of Appeals
Decided March 20, 1997PublishedCited by 196 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Injured by another customer’s runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. We conclude, however, that defendant filling station owner had no duty to protect its customers from the unforeseeable occurrence that led to plaintiff’s injury and that, accordingly, the complaint against that defendant was properly dismissed.
Defenda…
2Cases cited14 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
9 more not listed; retrieve them via the Exa API.
3Cited by196 opinions
- Sanchez v. State of NYNew York Court of Appeals · 2002
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-CvCourt of Appeals for the Second Circuit · 2006
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
- Jacqueline E. Michalski v. The Home Depot, Inc.Court of Appeals for the Second Circuit · 2000
191 more not listed; retrieve them via the Exa API.