Legal Opinion

Holmes v. Fiore

New York Supreme Court

Decided December 5, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Bernadette T. Clark, J.

Before the court is a motion for summary judgment by Michael A. Fiore and the City of Utica (hereinafter referred to collectively as Utica defendants) dated June 12, 2014 and a cross motion for summary judgment by plaintiff John M. Holmes dated June 27, 2014 and a cross motion for summary judgment dated June 30, 2014 by Wyatt T. Holmes.

Facts

On December 7, 2010 at approximately 6:30 a.m., plaintiff was a passenger in a vehicle being operated by his brother, defendant Wyatt T. Holmes. The two were traveling along Oneida Street in the City of Utica…

2Cases cited17 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Riley v. County of BroomeNew York Court of Appeals · 2000
  4. Saarinen v. KerrNew York Court of Appeals · 1994
  5. Campbell v. City of ElmiraNew York Court of Appeals · 1994

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