· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.