Legal Opinion
BUTCHELLO, TRAVIS v. HERBERGER, MICHAEL J.
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2016No. CA 16-00423PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered December 22, 2015. The order denied the motion of defendant Michael J. Herberger for summary judgment dismissing the complaint against him.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint is dismissed against defendant Michael J. Herberger.
Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained while playing in an intercollegiate junior varsity football game. In his complaint,…
2Cases cited12 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grace v. Cayuga Youth Athletic Assn., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Guerra v. SwanstromDistrict Court, N.D. New York · 2023