1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 2 N.Y.3d
  5. 2 N.Y.3d 633 (2004)
 

GALINDO v. TOWN OF CLARKSTOWN

2 N.Y.3d 633 (2004)

814 N.E.2d 419

781 N.Y.S.2d 249

JACQUELINE GALINDO, Individually and as Administratrix of the Estate of JAVIER GALINDO, Deceased, Appellant, v. TOWN OF CLARKSTOWN, Defendant, and C. RICHARD CLARK, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 2004.

Attorney(s) appearing for the Case

Gregory W. Bagen, Brewster, for appellant.

Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains (John C. Couzens, Jr. and Robert J. Gironda of counsel), for respondent.

Judges Rosenblatt, Read and R.S. Smith concur with Judge G.B. Smith; Chief Judge Kaye dissents in a separate opinion in which Judges Ciparick and Graffeo concur.

OPINION OF THE COURT

G.B. SMITH, J.

The issue presented here is whether defendant Richard Clark may be held liable for failing to warn the decedent, who was sitting in a parked car on Clark's driveway, of a danger posed by a leaning tree located on neighboring property. We conclude that under the circumstances presented, Clark had no duty to warn.

On June 2, 2000, a severe thunderstorm, accompanied by strong wind gusts, hit the Town of Clarkstown...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases