Quinlan v. Cecchini

41 N.Y. 686
CourtNew York Court of Appeals
DecidedMay 10, 1977
StatusPublished

This text of 41 N.Y. 686 (Quinlan v. Cecchini) 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
Quinlan v. Cecchini, 41 N.Y. 686 (N.Y. 1977).

Opinion

Fuchsberg, J.

This is the first case of an injured social guest to reach us since we abandoned resort to common-law classifications as the conclusive determinant of a land occupier’s duty to entrants on property based on whether they were to be regarded as licensees, invitees, trespassers or members of any of their patchwork of subclassifications, adopting in its place a "single standard” under which liability is to be measured by what is "reasonable care under the circumstances” (Basso v Miller, 40 NY2d 233, 241; Scurti v City of New York, 40 NY2d 433, 437).

Plaintiff Loretta Quinlan, then a 17-year-old high school senior, fractured her skull when she fell down a flight of stairs in defendants’ one-family house. At the conclusion of the testimony, the trial court took the case from the jury and dismissed it on the ground that Loretta and her father, the latter suing derivatively, failed to prove either any actionable negligence on the part of the defendants or Loretta’s freedom from contributory negligence.

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Related

Peterson v. City of New York
196 N.E. 27 (New York Court of Appeals, 1935)
Palsgraf v. Long Island R.R. Co.
162 N.E. 99 (New York Court of Appeals, 1928)
Wilder v. Ayers
143 N.E.2d 514 (New York Court of Appeals, 1957)
Krause v. Alper
151 N.E.2d 895 (New York Court of Appeals, 1958)
Wolf v. City of New York
349 N.E.2d 858 (New York Court of Appeals, 1976)
Amaro v. City of New York
351 N.E.2d 665 (New York Court of Appeals, 1976)
Basso v. Miller
352 N.E.2d 868 (New York Court of Appeals, 1976)
Scurti v. City of New York
354 N.E.2d 794 (New York Court of Appeals, 1976)
Wilder v. Ayers
2 A.D.2d 354 (Appellate Division of the Supreme Court of New York, 1956)
Pagan v. Goldberger
51 A.D.2d 508 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
41 N.Y. 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinlan-v-cecchini-ny-1977.