Rainbow v. Albert Elia Building Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
Plaintiff seeks damages for personal injuries he sustained one night when he drove his motorcycle into a section of the Townline Road in Lewiston, New York, which was under construction. He originally sought recovery on the theory of negligence, charging that defendant contractor negligently performed the construction work and negligently failed to warn travelers of the construction or light the area for their safety. Subsequently, plaintiff was granted permission to amend his complaint to allege that the contractor was strictly liable in tort for plaintiffs injuries because, as alleged in…
2Cases cited7 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Velez v. Craine & Clark Lumber Corp.New York Court of Appeals · 1973
- Jerry v. Borden Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Forte v. City of AlbanyNew York Court of Appeals · 1939
- Lee v. LesniakAppellate Division of the Supreme Court of the State of New York · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Cover v. CohenNew York Court of Appeals · 1984
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
- Smith v. E R Squibb & Sons, IncMichigan Supreme Court · 1979
- Freund v. Cellofilm Properties, Inc.Supreme Court of New Jersey · 1981
31 more not listed; retrieve them via the Exa API.