Legal Opinion

Irwin v. Mucha

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

Decided October 6, 1989PublishedCited by 7 opinions

1Opinion of the Court

Order unanimously affirmed with costs. Memorandum: In this negligence action, Supreme Court properly granted summary judgment to plaintiff on the issue of liability. The facts are simple and undisputed. Plaintiff and two others were passengers in an automobile owned and operated by defendant. Plaintiff was seated in the rear seat directly behind defendant. Defendant stopped the vehicle to permit all three passengers to alight and noted that the two passengers who alighted on the right side of the automobile had closed both the front and rear doors after exiting. He did not recall plaintiff…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Ross v. ChingAppellate Division of the Supreme Court of the State of New York · 1989
  4. Mignery v. GabrielAppellate Division of the Supreme Court of the State of New York · 1956
  5. Mignery v. GabrielNew York Court of Appeals · 1957

3Cited by7 opinions

  1. GILL, CHRISTOPHER v. BRAASCH, DONALD J.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Edwards v. J&D Express Serv. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Green v. HosleyAppellate Division of the Supreme Court of the State of New York · 2014
  4. Liebman v. HeissAppellate Division of the Supreme Court of the State of New York · 1998
  5. Gray v. WACKENHUT SERVICES, INC.District Court, S.D. New York · 2010

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