Legal Opinion
Sorrento v. Duff
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of the cross motion of defendant Town of Portland (Town) for summary judgment dismissing that part of the complaint based on the use of medium cure oil to seal the road where the subject accident occurred. The court took judicial notice of the fact that use of medium cure oil has long been considered proper in sealing roads. Even assuming, arguendo, that such judicial notice was proper, we conclude that the court failed to address…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Kiernan v. ThompsonNew York Court of Appeals · 1988
- Wisnowski v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1995
- Cuffey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Berlowitz v. Town of BrightonAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by7 opinions
- Granderson v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2006
- Harvey v. MonteforteAppellate Division of the Supreme Court of the State of New York · 2002
- Passaro v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 2000
- Delcamp v. Village of BroctonAppellate Division of the Supreme Court of the State of New York · 2000
- Cox v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1999
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