Legal Opinion
Newman v. Hart
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1996PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Samuel J. Saia for summary judgment. There are triable issues of fact whether Saia violated sections 1163 (e) and 1201 of the Vehicle and Traffic Law or was otherwise negligent when he parked his truck (see, Scott v Keener, 186 AD2d 955) and whether his alleged negligence was a proximate cause of the accident (see, Somersall v New York Tel. Co., 52 NY2d 157, 168; Sullivan v Locastro, 178 AD2d 523, 525, lv denied 81 NY2d 701; Kallasy v New York Tel. Co., 70 AD2d 749). (Appeal from Order of…
2Cases cited4 opinions
- Sullivan v. LocastroAppellate Division of the Supreme Court of the State of New York · 1991
- Somersall v. New York Telephone Co.New York Court of Appeals · 1981
- Scott v. KeenerAppellate Division of the Supreme Court of the State of New York · 1992
- Kallasy v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by2 opinions
- Murray-Davis v. Rapid Armored Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Richardson v. Kempney TruckingAppellate Division of the Supreme Court of the State of New York · 2004