Legal Opinion
Bibergal v. McCormick
Civil Court of the City of New York
Decided November 20, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gloria Goldstein, J.
This automobile negligence action for property damage resulting from a two-car collision presents an old issue which must be reconsidered in light of Kalechman v Drew Auto Rental (33 NY2d 397) and its progeny. Is the negligence of an employee-operator, while driving within the scope of his em*796ployment, imputed to his employer-owner in the employer-owner’s action for property damage?
In a trial by the court in which the plaintiff appeared pro se the following facts were determined: Paul Bibergal is the son and employee of the plaintiff. He is not a party…
2Cases cited11 opinions
- Gochee v. WagnerNew York Court of Appeals · 1931
- Mills v. GabrielNew York Court of Appeals · 1940
- Continental Auto Lease Corp. v. CampbellNew York Court of Appeals · 1967
- Kalechman v. Drew Auto Rental, Inc.New York Court of Appeals · 1973
- Nagele-Kelly Manufacturing Co. v. HannakMichigan Court of Appeals · 1968
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3Cited by3 opinions
- State v. PoprickiAppellate Division of the Supreme Court of the State of New York · 1982
- Mikelinich v. CaliandroAppellate Division of the Supreme Court of the State of New York · 2011
- Holt v. NesbitAppellate Division of the Supreme Court of the State of New York · 1985