New York Real Estate Lawyers New York OFFICE 225 Broadway, 8th Floor New York, NY 10007
Blog Home Attorney Profiles Firm News Community Newsletters Clients Rights Contact Us

« GET SOME CHEAP CLEs UP IN THE BRONX | Main | BROADWAY DEMS SPRING INTO ACTION »

CADDY SHACK

j0399967.jpgIn Raux v. Utica, Ronald Raux Jr. was golfing -- presumably about to make his third eagle shot of the day on the course's twelfth hole -- when he stepped into an abyss, about 18 and 24 inches deep, located to the side of the green and camouflaged by the rough.

According to a witness, a course employee was overheard saying the hole was intended for drainage purposes.

After he filed suit against the City of Utica, seeking damages for his injury, the City asked for the case's dismissal. When the Oneida County Supreme Court granted that request, Raux appealed.

The Appellate Division, Fourth Department, found Raux's "speculation," as to why the hole had been dug, insufficient to support his case. Without competent evidence to the contrary, the AD4 was of the view Utica neither created the hole nor had notice of its existence.

What's a golf course without holes?

j0297012.gifTo download a copy of the Appellate Division's decision, please use this link: Raux v. Utica

TrackBack

TrackBack URL for this entry:
http://www.nyrealestatelawblog.com/mt/mt-tb.cgi/5516

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)


Search


Subscribe










Recent Posts

Categories



New York Real Estate Lawyers & Attorneys
Contact Finkelstein Newman Ferrara LLP

Attorney Web Design The information available on this website is disseminated for informational purposes only. Nothing contained herein, (including, but not limited to, all newsletters, press releases, blog posts, documents, biographical information, descriptions of services rendered, comments, responses, emails, or other communications), should be construed as a legal opinion or professional advice. If you should require expert assistance, consult with an attorney (or other appropriate professional) to secure a formal opinion. The publisher of this website and its contributors disclaim responsibility for any damages that may result from any error, inaccuracy, or omission contained herein.

Address: 225 Broadway, 8th Floor   New York, New York 10007   Phone: 212.619.5400
© Finkelstein Newman Ferrara LLP - New York Real Estate Law Firm