Legal Opinion

Leone v. City of Utica

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

Decided February 28, 1979PublishedCited by 21 opinions

1Opinion of the Court

*465OPINION OF THE COURT

Dillon, J.

We are here concerned with the liability which may befall a municipality for injuries sustained by a child on railroad property located adjacent to a city-owned and regularly used park and playground. While the degree of care to be imposed upon a municipality in a particular case is necessarily dependent upon the attendant circumstances and is thus ordinarily a jury question (Caldwell v Village of Is. Park, 304 NY 268), it is the claim of the defendant City of Utica that the plaintiffs should be foreclosed from recovery as a matter of law. We disagree.

Gilmore…

2Cases cited18 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  3. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  4. Scurti v. City of New YorkNew York Court of Appeals · 1976
  5. Teresta v. City of New YorkNew York Court of Appeals · 1952

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Ferres v. City of New RochelleNew York Court of Appeals · 1986
  3. Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  4. Leone v. City of UticaNew York Court of Appeals · 1980
  5. Atkinson v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1980

16 more not listed; retrieve them via the Exa API.

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