Legal Opinion
Kiernan v. Thompson
New York Court of Appeals
Decided December 22, 1988PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.
The Appellate Division correctly denied the City’s motion for summary judgment and granted plaintiffs cross motion to amend the complaint to add the uncontested factual allegation that the City removed a tree stump in 1982, thereby creating the broken and defective condition of the sidewalk that resulted in plaintiffs injuries. It is well established that a municipality is under a continuing duty to maintain its public roadways in a reasonably…
2Cases cited8 opinions
- D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
- Blake v. City of AlbanyNew York Court of Appeals · 1979
- Klein v. City of YonkersNew York Court of Appeals · 1981
- Muszynski v. City of BuffaloNew York Court of Appeals · 1971
- Muszynski v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
- Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Harakidas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2002
76 more not listed; retrieve them via the Exa API.