Legal Opinion
Mazzarella v. Paolangeli
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 2009PublishedCited by 2 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a judgment of the Supreme Court (Garry, J.), entered August 4, 2008 in Tompkins County, which granted defendant’s motion for summary judgment dismissing the complaint.
In October 2003, Darrell Cole, an employee of defendant acting within the scope of his employment, lost control of the empty dump truck that he was driving. As a result, the truck slid into a ditch, damaging the vehicle’s fuel primer pump. Cole, unaware of the damage to the truck, then moved it out of the ditch and drove a short distance on the roadway, causing the truck’s running engine to deposit…
2Cases cited7 opinions
- Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
- Zaccari v. Progressive Northwestern InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Arbitration between Farm Family Casualty Insurance & TrapaniAppellate Division of the Supreme Court of the State of New York · 2003
- Sullivan v. Barry Scott Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cividanes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Fitch v. LeeAppellate Division of the Supreme Court of the State of New York · 2021