Legal Opinion
Leiner v. First Wythe Avenue Service Station, Inc.
Civil Court of the City of New York
Decided September 30, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
Has the adoption of the New York rule of comparative negligence and assumption of the risk (CPLR 1411) abrogated the absolute bar to recovery for damages in a dog bite case, where there is a defense of the plaintiff placing himself in harm’s way?
Secondly, is it within the trial court’s discretion, in the case at bar, to order a unified trial pursuant to the bifurcation rule in the Second Department? Both issues are of first impression.
FACTS
The plaintiff entered the defendant’s gas station to purchase tires and was directed by an attendant to look along…
2Cases cited10 opinions
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Ingle v. Glamore Motor Sales, Inc.New York Court of Appeals · 1989
- DiGrazia v. CastronovaAppellate Division of the Supreme Court of the State of New York · 1975
- Curry v. MoserAppellate Division of the Supreme Court of the State of New York · 1982
- Molloy v. . StarinNew York Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brockton Savings Bank v. Peat, Marwick, Mitchell & Co., First United Fund, Ltd.Court of Appeals for the First Circuit · 1985
- Kenneth R. Lane, II and Donna L. Lane v. New York State Electric & Gas Corporation Kevin M. Hammond and Donna M. HammondCourt of Appeals for the Second Circuit · 1994
- Lynch v. NacewiczAppellate Division of the Supreme Court of the State of New York · 1987
- Pisciotta v. ParisiAppellate Division of the Supreme Court of the State of New York · 1989