Payne v. Payne
New York Court of Appeals
1Opinion of the CourtScileppi, J.
This action is brought against two brothers, co-owners of an automobile which struck and injured the plaintiff while being driven by her husband, Duane K. Payne. The evidence brought forth on the motion for summary judgment-shows that on the day of the accident respondent was at his regular place of employment. According to his practice, he had parked the car in the yard of a nearby gas station and had left the key in the ignition to facilitate movement by the service station owner, his brother’s employer. Defendant, an unlicensed driver, took the car, allegedly without his brother’s…
2Cases cited15 opinions
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- St. Andrassy v. MooneyNew York Court of Appeals · 1933
- Piwowarski v. CornwellNew York Court of Appeals · 1937
- Mills v. GabrielNew York Court of Appeals · 1940
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3Cited by10 opinions
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- Johannsdottir v. KohnAppellate Division of the Supreme Court of the State of New York · 1982
- Von Bing v. MangioneAppellate Division of the Supreme Court of the State of New York · 2003
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