Legal Opinion

Baird v. Gormley

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 2014Published

1Opinion of the CourtPeters, P.J.

Appeal from an order of the Supreme Court (McNamara, J.), entered September 13, 2012 in Albany County, which granted a motion by defendant Bellamy & Sons Construction Company, Inc. for summary judgment dismissing the complaint against it.

At approximately 8:00 a.m. on July 3, 2007, plaintiff was operating his motor vehicle on Boght Road in the Town of Colonie, Albany County when his right front tire passed over a manhole that was not properly covered, causing him to lose control of his vehicle and hit a tree. The accident site was adjacent to property owned by defendants James M. Gormley and…

2Cases cited18 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
  5. Gayle v. City of New YorkNew York Court of Appeals · 1998

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