Legal Opinion

Herbert v. Morgan Drive-Away, Inc.

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

Decided March 24, 1994PublishedCited by 11 opinions

1Opinion of the CourtCasey, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered May 7, 1993 in Ulster County, which granted a motion by defendants Morgan Drive-A-Way, Inc. and Errol K. Miller for summary judgment dismissing the complaints.

On November 29, 1990 at about 2:05 p.m., defendant Errol K. Miller was traveling south in his tractor truck without a trailer on State Route 32 in the Town of Plattekill, Orange County. The only other vehicle involved in the accident giving rise to these lawsuits was owned and operated by Thomas Mollicone, in which his wife, Dorothy Mollicone, was a front-seat passenger…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Hornacek v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by11 opinions

  1. Batal v. Associated Universities, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Herbert v. Morgan Drive-A-Way, Inc.New York Court of Appeals · 1994
  3. Hentschel v. Robert Campbell Carpet ServicesAppellate Division of the Supreme Court of the State of New York · 1998
  4. Lester v. ChmajAppellate Division of the Supreme Court of the State of New York · 1998
  5. Herbert v. Morgan Drive-A-Way, Inc.New York Court of Appeals · 1995

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