Legal Opinion
Rivera v. City of New York
New York Court of Appeals
Decided April 5, 1962PublishedCited by 91 opinions
1Opinion of the Court
Memorandum.
The judgment should be reversed and the complaint dismissed, with costs in all courts. Where the evidence as to the cause of the accident which injured plaintiff is undisputed, the question as to whether any act or omission of the defendant was a proximate cause thereof is one for the court and not for the jury. (Hoffman v. King, 160 N. Y. 618, 628; Gralton v. Oliver, 277 App. Div. 449, 454, affd. 302 N. Y. 864; Bolsenbroek v. Tully & Di Napoli, 12 A D 2d 376, affd. 10 N Y 2d 960.) This court has consistently held that the negligence complained of must have caused the occurrence of…
2Cases cited7 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Hoffman v. . KingNew York Court of Appeals · 1899
- Applebee v. State of New YorkNew York Court of Appeals · 1955
- Gralton v. OliverNew York Court of Appeals · 1951
- Ranney v. Habern Realty Corp.New York Court of Appeals · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Martinez v. LazaroffNew York Court of Appeals · 1979
86 more not listed; retrieve them via the Exa API.