Legal Opinion
Butler v. Rafferty
New York Court of Appeals
Decided June 10, 2003PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
The case before us involves the potential tort liability of a tenant-in-common. Plaintiff was injured when she fell off a bunk bed located on property co-owned by defendant. The sole issue is whether defendant can be held liable for plaintiff’s injuries. Because defendant surrendered possession and control over the portion of the property where the injury occurred, we conclude that he may not be held liable, and therefore affirm the order of the Appellate Division granting defendant’s motion for summary judgment.
I
In 1980, defendant bought a parcel of land…
2Cases cited11 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Leotta v. PlessingerNew York Court of Appeals · 1960
- Ritto v. GoldbergNew York Court of Appeals · 1970
- Myers v. BartholomewNew York Court of Appeals · 1998
- Simmons v. . EversonNew York Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Gronski v. County of MonroeNew York Court of Appeals · 2011
- Rossal-Daub v. WalterAppellate Division of the Supreme Court of the State of New York · 2009
- Yehia v. Marphil Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2015
42 more not listed; retrieve them via the Exa API.