Monthly Archives: July 2016

Easements By Implication-School’s Motion to Enjoin Adjacent Development Fails

See my new post on the SGR Website:

Easements By Implication-School’s Motion to  Enjoin Adjacent Development Fails


As a commercial litigator I am amazed about the complexity of areas of the law where I have no experience, on the one hand, and the novel and/or complicated issues that arise in those practice areas, on the other.  A recent decision by the Appellate Division, First Department, is illustrative:

Quintavalle v. Perez, 2016 NY Slip Op 03126 (decided on April 26, 2016)

The Appellate Division was called upon to “consider the application of case law holding that a pedestrian who crosses in the crosswalk with the right-of-way may still be held comparatively negligent, if he failed to notice an oncoming vehicle that could be seen by the use of ordinary attention”.

The Court summarized the facts:

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