Dowling v. Consolidated Carriers Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Robert E. White, J.), entered August 1, 1983, which granted the motion of defendants-respondents for summary judgment dismissing the complaint, reversed, on the law, with costs, and the motion for summary judgment is denied, ¶ On July 14, 1980, the driver of a truck owned by J.H.T. Leasing Corp. and leased to Consolidated Carriers Corp. experienced recurrence of a mechanical problem with the truck in which the accelerator pedal occasionally sticks, does not elevate automatically when the driver’s foot is off it, and which the driver is able to correct…
2Cases cited8 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
- Sewar v. Gagliardi Bros. ServiceNew York Court of Appeals · 1980
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3Cited by13 opinions
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- O'Connor v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
- Betancourt v. Manhattan Ford Lincoln Mercury, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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