Legal Opinion

Murdza v. Zimmerman

New York Court of Appeals

Decided February 18, 2003PublishedCited by 90 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

Stanley Murdza, a Canadian resident, was injured when struck by a van as he walked across an intersection in Ellicottville, New York. The van, operated by Robert Zimmerman, had been entrusted to his girlfriend Margaret Scicchitano by her employer, Brown and Williamson Tobacco Corporation (B&W). The van was leased to B&W by its owners, D.L. Peterson Trust (the Trust) and PHH Fleet America Corporation (PHH). Although B&W’s employee handbook specifically restricted use of company vehicles to employees and their licensed, spouses, 1 the agreement leasing the vehicle…

2Cases cited7 opinions

  1. Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
  2. Leotta v. PlessingerNew York Court of Appeals · 1960
  3. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974
  4. St. Andrassy v. MooneyNew York Court of Appeals · 1933
  5. Mills v. GabrielAppellate Division of the Supreme Court of the State of New York · 1940

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3Cited by90 opinions

  1. Carlson v. Am. Int'l Grp., Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
  2. Country-Wide Insurance v. National Railroad Passenger Corp.New York Court of Appeals · 2006
  3. Marino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Vinueza v. TararAppellate Division of the Supreme Court of the State of New York · 2012
  5. Chambers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

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