Legal Opinion
New York State Thruway Authority v. Maislin Bros. Transport Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1970PublishedCited by 10 opinions
1Opinion of the CourtBastow, J.
The complaint herein sought monetary relief based upon two causes of action. Plaintiff moved for summary judgment on the first cause and defendants cross-moved to *302dismiss the second cause. Special Term denied plaintiff’s motion and granted defendants’ motion. Plaintiff appeals.
The first cause is based on the claimed per se liability of defendants pursuant to provisions of the Vehicle and Traffic Law (as of January, 1966) .regulating the height of vehicles on public highways (§ 385, subd. 2) and further authorizing (•§ 393) the bringing of an action against the owner and operator of any…
2Cases cited2 opinions
- In re the New Jersey Fidelity & Plate Glass InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- New Jersey Fidelity & Plate Glass Insurance v. Van SchaickNew York Court of Appeals · 1933
3Cited by10 opinions
- Games-Neely Ex Rel. West Virginia State Police v. 1175 Sam Mason Road Loacated in Mill Creek DistrictWest Virginia Supreme Court · 2002
- Ebasco Services Inc. v. Pacific Intermountain Express Co.District Court, S.D. New York · 1975
- Pierce v. International Harvester Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Henry v. CastagnaroNew York Supreme Court · 1980
- Consolidated Mutual Insurance v. KeepnewsAppellate Division of the Supreme Court of the State of New York · 1976
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