Marfurt v. Coll. Park Assocs., 227 A.D.2d 914 (N.Y. App. Div. 1996). · Go Syfert
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Marfurt v. Coll. Park Assocs., 227 A.D.2d 914 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
5 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Murray v. Lancaster Motorsports, Inc. (nyappdiv, 2006-03-17)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Murray v. Lancaster Motorsports, Inc.
N.Y. App. Div. · 2006 · confidence medium
Contrary to the contention of the Lancaster defendants, the fact that their property was subject to an easement held by defendant New York State Electric & Gas Corporation, also known as NYSEG, does not relieve them of their nondelegable duty to decedent under the Labor Law (see Palmer v Alltel N.Y., 227 AD2d 914, 915 [1996], lv denied 89 NY2d 805 [1996]).
discussed Cited "see" Silk v. Turk
N.Y. App. Div. · 2002 · signal: see · confidence high
Although defendant exercised no control over the reconstruction of the bridge, her “[[liability rests upon the fact of ownership and whether [she] had contracted for the work or benefitted from it are legally irrelevant” (Gordon, 82 NY2d at 560 ; see Palmer, 227 AD2d at 915 ).
discussed Cited "see, e.g." Nelson v. United States
10th Cir. · 2019 · signal: see also · confidence low
Inst. 1965) ); see also Palmer v. Alltel N.Y., Inc. , 227 A.D.2d 914 , 643 N.Y.S.2d 792 , 792 (1996) (holding that, despite property being subject to an easement, landowner has "nondelegable duty" to third parties); Hartman v. Walkertown Shopping Ctr., Inc. , 113 N.C.App. 632 , 439 S.E.2d 787 , 791 (1994) (holding that land owner had duty to warn of unsafe conditions in easement-controlled area).
William Marfurt, Doing Business as William Marfurt Landscaping & Excavating Co.
v.
College Park Associates
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
May 31, 1996.
227 A.D.2d 914
Published

Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Set Aside Verdict.) Present — Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.