Legal Opinion

Herbert v. Morgan Drive-A-Way, Inc.

New York Court of Appeals

Decided March 30, 1995PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, motion by defendants Morgan Drive-A-Way, Inc. and Errol K. Miller for summary judgment dismissing the complaint of plaintiffs Batoul Herbert and Donald Herbert as against them in action No. 1 denied and certified question answered in the affirmative for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division (202 AD2d 886, 888-889).

Concur: Chief Judge Kaye and…

2Cases cited1 opinion

  1. Herbert v. Morgan Drive-Away, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Batal v. Associated Universities, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Gage v. RaffenspergerAppellate Division of the Supreme Court of the State of New York · 1996
  3. Lester v. ChmajAppellate Division of the Supreme Court of the State of New York · 1998
  4. Green v. Metropolitan Transportation Authority Bus Co.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Green v. Metropolitan Transportation Authority Bus Co.Appellate Division of the Supreme Court of the State of New York · 2015

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