Legal Opinion

Albright v. Metz

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

Decided December 14, 1995PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

Plaintiff’s son, then 13 years old, was injured in April 1991 while riding a motorized dirt bike on property owned by defendant Harlen W. Metz, Jr. From 1976 through 1988, Metz had mined gravel from the property, which resulted in the creation of earthen berms that ran along three sides of the property. Pursuant to a permit issued by the Department of Environmental Conservation in 1988, Metz began to use the property as a construction and demolition debris landfill. Metz contracted with a hauler who ceased hauling debris in late 1990, when most of the mined area…

2Cases cited14 opinions

  1. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  2. Barker v. KallashNew York Court of Appeals · 1984
  3. Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
  4. Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
  5. Brian Hoxie's Painting Co. v. Cato-Meridian Central School DistrictNew York Court of Appeals · 1990

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3Cited by3 opinions

  1. Albright v. MetzNew York Court of Appeals · 1996
  2. McLarney v. Community Health PlanAppellate Division of the Supreme Court of the State of New York · 1998
  3. Blair v. Newstead Snowseekers, Inc.New York Supreme Court · 2005

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