Legal Opinion
Malloy v. Trombley
New York Court of Appeals
Decided April 3, 1980PublishedCited by 58 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The finding by the Court of Claims, when it dismissed his claim against the State of New York, that plaintiff was contributorily negligent and that his negligence was a substantial factor in causing the accident, bars recovery by him in the present action.
On the evening of October 13, 1974, Douglas A. Trombley, defendant herein, was driving north on Purdy Road, a two-lane, unlighted rural highway in Niagara County, New York. At about 10:30 p.m. he stopped his automobile either on the easterly shoulder of the road or partially on the shoulder and partially in the…
2Cases cited3 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Schechter v. KlanferNew York Court of Appeals · 1971
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
3Cited by58 opinions
- Jenkins v. City Of New YorkCourt of Appeals for the Second Circuit · 2007
- Jenkins v. City of New YorkCourt of Appeals for the Second Circuit · 2007
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- Kyle Johnson Leticia Johnson v. Ivan Watkins Chris CallowayCourt of Appeals for the Second Circuit · 1996
- Shanley v. Callanan Industries, Inc.New York Court of Appeals · 1981
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