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Defendants were granted summary judgment in this declaratory judgment action, finding Mapfre Insurance was obligated to defendant and indemnify insured defendants. The Appellate Division reversed, and summary judgment was denied. Separate Respondents were involved in an altercation outside a bar, in which insured Respondent struck Co-respondent in the head with a baton. Co-respondent commenced a […]
March 29, 2023
Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted. The Appellate Division affirmed...
July 26, 2022
Defendant’s motion for summary judgment was granted in this slip and fall case. The Appellate Division affirmed. Plaintiff alleges injury after falling on ice in a NYC parking lot owned by defendant. “Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party… However, a party that […]
March 29, 2022
Defendant was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division affirmed. Plaintiff was riding his bicycle, when he made a left turn and struck defendant. "With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the […]
Third-party defendant’s motion for summary judgment was denied. The Appellate Division affirmed. Differing versions as to how the motor vehicle accident occurred, and conflicting testimony raised issues of fact as to proximate cause. Defendant alleged observing third-party defendant repeatedly changing lanes and speeding.
Co-defendant was awarded summary judgment on the issue if liability in this motor vehicle accident. The Appellate Division reversed. Plaintiff was a passenger in defendant’s vehicle. Defendant testified that an unknown speeding vehicle cut him off, causing him to veer into the right lane, and then onto the shoulder to avoid a collision. Defendant’s vehicle […]
In this rear-end motor vehicle accident case, after plaintiff rested their case at trial, defendant moved for directed verdict pursuant to CPLR 4401, which was granted by the trial court. The Appellate Division affirmed.At trial, plaintiff testified that the vehicle he was driving was struck in the rear. However, plaintiff did not remember who struck […]
Plaintiff's moved pursuant to CPLR 5015(a)(1) to vacate an order granting defendant's unopposed motion for summary judgment on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The Appellate Division affirmed. “On appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse […]
In this multiple fatality case, commercial co-defendant’s motion for summary judgment was denied, and plaintiff’s motion was granted, finding all defendants liable as a matter of law. The Appellate Division affirmed. Plaintiffs’ decedent was a passenger in defendant’s vehicle, when the vehicle collided with co-defendant’s garbage truck, which was travelling in the oncoming direction and […]
March 27, 2022
Defendant’s motions pursuant to CPLR 3211(a) to dismiss the cause of action based on breach of fiduciary duty were denied in this CVA action. The Appellate Division reversed, and granted dismissal. A cause of action for damages for breach of fiduciary duty must be pleaded with particularity under CPLR 3016 (b). Two essential elements of […]
Plaintiff was awarded summary judgment on the issue of liability. The Appellate Division reversed...
March 25, 2012
Plaintiff's motion to renew and vacate a prior order granting defendant's motion for summary judgment on default, was denied. The Appellate Division affirmed. Plaintiff defaulted in opposing defendant's motion for summary judgment on the issue of lack of a serious injury pursuant to Insurance Law § 5102(d). Plaintiff did not move to vacate the default […]
March 27, 2019
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
March 26, 2016
Co-Defendant was the middle vehicle in a 3 vehicle rear-end chain accident. Co-Defendant moved for summary judgment, which was denied by the lower court. The Appellate Division affirmed, noting that there were questions of fact (i.e., order of impacts), as to whether the middle vehicle contributed to the proximate causation of this accident.
March 26, 2017
Defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was denied. The Appellate Division reversed.Co-defendant was the driver for commercial co-defendant, and an employee of a corporation in which defendant was a principal. Co-defendant struck plaintiff’s vehicle, while driving in the scope of his employment. Plaintiff brought suit against commercial defendant, and subsequently brought claims directly […]
March 26, 2015
Commercial contractor co-defendant appealed from decision, which granted plaintiff's motion pursuant to CPLR 5015(a) to vacate a prior order granting co- defendants summary judgment, and granted reargument to ultimately deny co-defendant’s motion for summary judgment to dismiss claims based on respondeat superior. The Appellate Division affirmed. Plaintiff was a sidewalk pedestrian who sustained personal injuries, when co-defendant’s […]
March 27, 2020
Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.
March 26, 2014
Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...
March 26, 2013
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied...
March 25, 2005
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