Legal Opinion
Hain v. Jamison
New York Court of Appeals
Decided December 22, 2016PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
The sole issue before us on this appeal is whether defendant Drumm Family Farm, Inc., established its entitlement to summary judgment by demonstrating the absence of a material question of fact regarding whether its alleged negligence was a proximate cause of decedent’s death. We conclude that the Farm failed to meet its burden as the movant, and that proximate cause is, therefore, a question for the factfinder.
L
Decedent, the wife of plaintiff, was struck and killed by a vehicle driven by one of the Jamison defendants as decedent was walking in the northbound lane…
2Cases cited25 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
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3Cited by96 opinions
- The Burlington Insurance Company v. NYC Transit AuthorityNew York Court of Appeals · 2017
- Forman v. HenkinCourt for the Trial of Impeachments and Correction of Errors · 2018
- Ferreira v. City of BinghamtonCourt of Appeals for the Second Circuit · 2020
- Brown v. State of New YorkNew York Court of Appeals · 2018
- Badilla v. Midwest Air Traffic Control ServiceCourt of Appeals for the Second Circuit · 2021
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