Legal Opinion

George v. Albert

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

Decided July 21, 2016No. 522388Published

1Opinion of the CourtDevine, J.

Appeal from an order of the Supreme Court (Mc-Grath, J.), entered August 25, 2015 in Rensselaer County, which denied defendant’s motion for partial summary judgment dismissing plaintiff’s claim for punitive damages.

Defendant was a passenger in a vehicle driven by his girlfriend, Brooke Leavitt, when plaintiff’s vehicle passed them on a highway exit ramp. Defendant testified that he instructed Leavitt to follow plaintiff into a gas station because he believed that plaintiff was driving recklessly and posed a risk to others. Defendant approached plaintiff at the gas station, and the parties…

2Cases cited9 opinions

  1. Walker v. SheldonNew York Court of Appeals · 1961
  2. Marinaccio v. Town of ClarenceNew York Court of Appeals · 2013
  3. O'Donnell v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Rinaldo v. MashayekhiAppellate Division of the Supreme Court of the State of New York · 1992
  5. Minckler v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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