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· 3/4/1942

People ex rel. Rubin v. Webster

Citations

  • 263 A.D. 1029
  • 35 N.Y.S.2d 460
  • 1942 N.Y. App. Div. LEXIS 7951

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that there is no duty to prevent the negligence of tortfeasors that are not controlled by the defendant
  • holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons
  • parking garage not liable for pedestrian injury caused by exiting car
  • “[B]efore a defendant may be held hable for negligence it must be shown that the defendant owes a duty to the plaintiff’
  • “In the absence of duty, there is no breach and without a breach there is no liability’’
  • “When a duty exists, nonliability in a particular case may be justified on the basis that an injury is not foreseeable.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.