Legal Opinion

Barcacel v. City of Yonkers

New York Supreme Court

Decided May 4, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Terry J. Ruderman, J.

The plaintiff moves for an order pursuant to CPLR 3212 granting him summary judgment on the issue of liability against the defendants. The defendants separately move for summary judgment dismissing the complaint.

The plaintiff commenced this action to recover damages for a fractured right hand and other injuries, which occurred on August 29, 2013, at approximately 10:30 a.m., when he was struck by a police vehicle near 245 Rumsey Road in Yonkers, Westchester County. The plaintiff testified at his deposition that he had called 911 to report that he was…

2Cases cited13 opinions

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
  3. Saarinen v. KerrNew York Court of Appeals · 1994
  4. Boulos v. Lerner-HarringtonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Jacobsen v. New York City Health & Hospital Corp.New York Court of Appeals · 2014

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