Lichtenthal v. St. Mary's Church

New York Court of Appeals

Lichtenthal v. St. Mary's Church

586 N.E.2d 54, 78 N.Y.2d 1094

DecidedNovember 21, 1991

StatusPublished

This text of 586 N.E.2d 54 (Lichtenthal v. St. Mary's Church) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lichtenthal v. St. Mary's Church, 586 N.E.2d 54, 78 N.Y.2d 1094 (N.Y. 1991).

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Opinion

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division that each of the three defendants was entitled to summary judgment as a matter of law because, as covolunteers, they owed no duty to plaintiffs’ decedent other than to exercise reasonable care under the circumstances and no evidence in admissible form was adduced sufficient to create an issue of fact as to whether defendants breached that duty.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Orders affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division that each of the three defendants was entitled to summary judgment as a matter of law because, as covolunteers, they owed no duty to plaintiffs’ decedent other than to exercise reasonable care under the circumstances and no evidence in admissible form was adduced sufficient to create an issue of fact as to whether defendants breached that duty.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Orders affirmed, with costs, in a memorandum.

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Bluebook (online)

586 N.E.2d 54, 78 N.Y.2d 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lichtenthal-v-st-marys-church-ny-1991.