Legal Opinion

Ruotolo v. Ambu-Wagon, Inc.

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

Decided July 11, 1994PublishedCited by 5 opinions

1Opinion of the Court

In separate actions to recover damages for personal injuries, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered November 19, 1992, which granted the third-party defendants’ motion for summary judgment dismissing the third-party complaint.

Ordered, that the order is affirmed, with costs.

While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the unrefuted facts clearly point to the negligence of the decedent, the defendant…

2Cases cited9 opinions

  1. Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
  2. Morowitz v. NaughtonAppellate Division of the Supreme Court of the State of New York · 1989
  3. Wank v. AmbrosinoNew York Court of Appeals · 1954
  4. Rowlands v. ParksNew York Court of Appeals · 1956
  5. Rivas v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by5 opinions

  1. Davis v. PimmAppellate Division of the Supreme Court of the State of New York · 1996
  2. Lyons v. RumplerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Czumaj v. BorzelleriAppellate Division of the Supreme Court of the State of New York · 1995
  4. Matusovskaya v. ValcourtAppellate Division of the Supreme Court of the State of New York · 2004
  5. Rivera v. PazAppellate Division of the Supreme Court of the State of New York · 1998

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