Legal Opinion

Aaron v. Fish-Bones Towing, Inc.

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

Decided December 8, 2011Published

1Opinion of the Court

Summary judgment was not premature, where plaintiff Peter Aaron was allegedly injured when, as he was locking his bicycle to a signpost on a sidewalk, he was run over by an unoccupied moving van, owned by defendant the Doe Fund, Inc., that broke free from a tow truck owned by defendant Fish-Bones Towing and operated by defendant Gonzalez. Doe Fund’s claimed need for discovery as to the injured plaintiff’s alleged negligence is unsupported by facts suggesting that relevant evidence might be revealed; thus, it is “insufficient to forestall summary judgment” (2386 Creston Ave. Realty, LLC v…

2Cases cited4 opinions

  1. White v. DiazAppellate Division of the Supreme Court of the State of New York · 2008
  2. 2386 Creston Avenue Realty, LLC v. M-P-M Management Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Them-Tuck Chung v. PintoAppellate Division of the Supreme Court of the State of New York · 2006
  4. Tannous v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2011

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