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Warren v. New York Telephone Company

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 961 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Pine, J.P., Lawton, Doerr, Boehm and Fallon, JJ.


Order and judgment insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Niagara Mohawk Power Corporation dismissed. Memorandum: Plaintiff sustained injuries when the vehicle she was driving left the roadway, struck a tree stump and overturned. The complaint alleges, inter alia, that Niagara Mohawk Power Corporation (defendant) negligently cut trees along the road under its power lines so that the stumps remained, thereby creating a dangerous condition. The stump struck by plaintiff's vehicle was 8.7 feet from the paved roadway.

Defendant contends that Supreme Court erred in denying its motion for summary judgment dismissing the complaint against it. We agree. The tree stumps did not present an unreasonable hazard and, thus, defendant was under no duty to remove them ( see, Adamy v. Ziriakus, 199 A.D.2d 1018, lv denied 83 N.Y.2d 755; McKenna v. Garcia, 189 A.D.2d 756; Guy v. Rochester Gas Elec. Corp., 168 A.D.2d 965, lv denied 77 N.Y.2d 808).

The regulations of the New York State Department of Transportation relied upon by plaintiff do not relate to the safety of motorists and apply only to contractors of the State. Similarly, defendant's Distribution Line Clearance Specifications apply only to contractors hired by defendant and do not create a duty to others. (Appeal from Order and Judgment of Supreme Court, Erie County, Michalek, J. — Summary Judgment.)


Summaries of

Warren v. New York Telephone Company

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 961 (N.Y. App. Div. 1997)
Case details for

Warren v. New York Telephone Company

Case Details

Full title:PATRICIA A. WARREN, Respondent, v. NEW YORK TELEPHONE COMPANY, Defendant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 961 (N.Y. App. Div. 1997)
661 N.Y.S.2d 161

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