Leone v. City of Utica
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Tryon v. City of Lowell (Mass. App. Ct. 1991)
- Schofield v. Merrill (Mass. 1982)
- Demarest v. Village of Greenwich (Appellate Division of the Supreme Court of New York 2024)
- CHARLES, JAMES v. VILLAGE OF MOHAWK (Appellate Division of the Supreme Court of New York 2015)
- Charles v. Village of Mohawk (Appellate Division of the Supreme Court of New York 2015)
- Charles v. Village of Mohawk (Appellate Division of the Supreme Court of New York 2015)
- Castro v. City of New York (New York Supreme Court 2014)
- Cleary v. Harris Hill Golf Center, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Hulett v. Niagara Mohawk Power Corp. (Appellate Division of the Supreme Court of New York 2003)
- Galindo v. Town of Clarkstown (Appellate Division of the Supreme Court of New York 2003)
- Dunbar v. NMM Glens Falls Associates, L. L. C. (Appellate Division of the Supreme Court of New York 1999)
- Curry v. County of Erie (Appellate Division of the Supreme Court of New York 1996)
- Murray v. Sterner (Appellate Division of the Supreme Court of New York 1995)
- Griffin v. County of Orange (Appellate Division of the Supreme Court of New York 1994)
- Nielsen v. Town of Amherst (Appellate Division of the Supreme Court of New York 1993)
- Colls v. City of Chicago (Ill. App. Ct. 1991)
- Foreman v. Consolidated Rail Corp. (Ill. App. Ct. 1991)
- Gayden v. City of Rochester (Appellate Division of the Supreme Court of New York 1989)
- Gage v. City of Westfield (Mass. App. Ct. 1988)
- Abdur-Rashid v. Consolidated Rail Corp. (Appellate Division of the Supreme Court of New York 1988)
- Nielsen v. Moore (Appellate Division of the Supreme Court of New York 1988)
- Piesco v. New York, Department of Personnel (District Court, S.D. New York 1987)
- De Sano v. Tower (Appellate Division of the Supreme Court of New York 1987)
- Ferres v. City of New Rochelle (N.Y. 1986)
- Levine v. City of New York (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed with costs, for those reasons relating to duty and proximate cause stated in the opinion of Presiding Justice Michael F. Dillon at the Appellate Division (66 AD2d 463). We note, in addition that the trial court did not abuse its discretion in denying appellant’s belated application for permission to assert a cross claim.
Concurring Opinion
(concurring). While I vote for affirmance, I do so solely on constraint of this court’s prior decision in Scurti v City of New York (40 NY2d 433). In my opinion, it is both unreasonable and improvident to hold a landowner liable for personal injuries sustained on adjoining property which he does not own, where, as here, the precautions which the landowner would be required to undertake to prevent such injury would be unduly burdensome.
Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Jasen concurs in a separate memorandum.
Order affirmed, with costs, in a memorandum.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.