Legal Opinion

Elmer v. Kratzer

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1998PublishedCited by 6 opinions

1Opinion of the Court

—Order reversed on the law without costs, motion granted and amended complaint against defendant City of Niagara Falls dismissed. Memorandum: Supreme Court should have granted the motion of defendant City of Niagara Falls (City) for summary judgment dismissing the amended complaint against it.

A tractor-trailer, operated by defendant Gerald F. Kratzer eastbound on Buffalo Avenue in the City, turned right to enter a driveway to the Alox plant. Plaintiff, who was operating a motorcycle, also eastbound, attempted to pass on the right and his motorcycle struck the tractor-trailer on the right…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Weiss v. FoteNew York Court of Appeals · 1960
  3. Friedman v. State of New YorkNew York Court of Appeals · 1986
  4. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
  5. Smith v. StarkNew York Court of Appeals · 1986

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3Cited by6 opinions

  1. TRAHWEN, LLC v. MING 99 CENT CITY 7, INC.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Elmer v. KratzerAppellate Division of the Supreme Court of the State of New York · 1999
  3. Iacampo v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  4. Korthas v. Suzuki Motor Co.Appellate Division of the Supreme Court of the State of New York · 2001
  5. LaPlant v. Town of ManchesterAppellate Division of the Supreme Court of the State of New York · 2002

1 more not listed; retrieve them via the Exa API.

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