29 Cited authorities

Saarinen v. Kerr
84 N.Y.2d 494 (N.Y. 1994) Cited 404 times 3 Legal Analyses
Holding that a standard of "reckless disregard for the safety of others" required evidence that defendant had engaged in conduct "of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow and ha[d] done so with conscious indifference to the outcome"
Friedman v. State of New York
67 N.Y.2d 271 (N.Y. 1986) Cited 458 times
Applying rule to state highway design
Turturro v. City of N.Y.
2016 N.Y. Slip Op. 8579 (N.Y. 2016) Cited 160 times
In Turturro, for example, a 12–year–old plaintiff was struck by a speeding car while he attempted to ride his bicycle across a four-lane road as to which the City had received numerous complaints of excessive speed (28 N.Y.3d at 485, 45 N.Y.S.3d 874, 68 N.E.3d 693).
Hain v. Jamison
2016 N.Y. Slip Op. 8583 (N.Y. 2016) Cited 133 times 1 Legal Analyses
Holding that a factual dispute over proximate cause precluded summary judgment
Weiss v. Fote
7 N.Y.2d 579 (N.Y. 1960) Cited 565 times
In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.
Sheehan v. City of New York
40 N.Y.2d 496 (N.Y. 1976) Cited 339 times
In Sheehan, a bus stopped in a traffic lane rather than by the curb — in violation of regulations — to let passengers on and off. The bus was rear-ended by a sanitation truck, and an injured passenger sued.
Galindo v. Town of Clarkstown
2 N.Y.3d 633 (N.Y. 2004) Cited 147 times
Recognizing the general principle of New York law that "an owner owes no duty to warn or to protect others from a defective or dangerous condition on neighboring premises, unless the owner had created or contributed to it"
Lochner v. New York
198 U.S. 45 (1905) Cited 916 times 11 Legal Analyses
Holding invalid a law setting maximum working hours
Tomassi v. Town of Union
46 N.Y.2d 91 (N.Y. 1978) Cited 288 times
Noting that "utility poles, drainage ditches, culverts, trees and shrubbery are often in close proximity to the traveled right of way ... [b]ut for the careful driver, the placement of these items near the pavement creates no unreasonable danger"
Ernest v. Red Creek Central School District
93 N.Y.2d 664 (N.Y. 1999) Cited 137 times
Holding that a municipality owes no duty of care where it does not own or control a roadway

Linda M. Brown, Respondent,v.State of New York, Appellant.

29 Cited authorities

Applying rule to state highway design

In Turturro, for example, a 12–year–old plaintiff was struck by a speeding car while he attempted to ride his bicycle across a four-lane road as to which the City had received numerous complaints of excessive speed (28 N.Y.3d at 485, 45 N.Y.S.3d 874, 68 N.E.3d 693).

Holding that a factual dispute over proximate cause precluded summary judgment

In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.

In Sheehan, a bus stopped in a traffic lane rather than by the curb — in violation of regulations — to let passengers on and off. The bus was rear-ended by a sanitation truck, and an injured passenger sued.

Recognizing the general principle of New York law that "an owner owes no duty to warn or to protect others from a defective or dangerous condition on neighboring premises, unless the owner had created or contributed to it"

Holding invalid a law setting maximum working hours

Noting that "utility poles, drainage ditches, culverts, trees and shrubbery are often in close proximity to the traveled right of way ... [b]ut for the careful driver, the placement of these items near the pavement creates no unreasonable danger"

Holding that a municipality owes no duty of care where it does not own or control a roadway