Legal Opinion
Dominguez v. Manhattan & Bronx Surface Transit Operating Authority
New York Court of Appeals
Decided March 27, 1979PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
The question presented on this appeal is whether the Appellate Division was correct in concluding as a matter of law that there was insufficient evidence in the record to support the application of the doctrine of last clear chance in this negligence action. For the reasons discussed below, we disagree with the conclusion reached by the Appellate Division, and thus the order appealed from must be reversed.
The incident on which this suit is based occurred early in the evening of May 15, 1975. Wilfredo Dominguez, then 11 years of age, and two other youths…
2Cases cited4 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- Chadwick v. City of New YorkNew York Court of Appeals · 1950
- Kumkumian v. City of New YorkNew York Court of Appeals · 1953
3Cited by42 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Prozeralik v. Capital Cities Communications, Inc.New York Court of Appeals · 1993
- O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Esquire Radio & Electronics, Inc. v. Montgomery Ward & Co., Inc.Court of Appeals for the Second Circuit · 1986
- New York City Transit Authority v. EisenAppellate Division of the Supreme Court of the State of New York · 2000
37 more not listed; retrieve them via the Exa API.