Legal Opinion

Stiver v. Good & Fair Carting & Moving, Inc.

New York Court of Appeals

Decided November 19, 2007PublishedCited by 91 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

In the dusk of the evening of August 8, 2001, plaintiff Gregory G. Stiver was driving his automobile in the eastbound center lane of a divided highway in Tonawanda. The weather was fine; traffic was moderately heavy. Without warning, the vehicle immediately ahead of him shifted abruptly into the righthand lane. When plaintiff “looked to see what [this driver] was swerving to miss and started to apply the brakes,” he saw a car stopped in the center lane, dead ahead of him. Unable to slow down or pull over into another lane in time to avoid a collision, plaintiff…

2Cases cited7 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  3. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  4. Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
  5. Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990

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3Cited by91 opinions

  1. Davis v. South Nassau Communities HospitalNew York Court of Appeals · 2015
  2. Sniatecki v. Violet Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Altinma v. East 72nd Garage Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Blazynski v. A. Gareleck & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Landon v. Kroll Laboratory Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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