Legal Opinion
Hendrickson v. Philbor Motors, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2012PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
We address, for the first time at an appellate level, whether a defendant’s failure to oppose a codefendant’s motion to dismiss a complaint and cross claims pursuant to CPLR 3211 precludes that party from later asserting that its liability is limited under *253CPLR article 16. For the reasons set forth below, we hold that, in this instance, it does not.
On August 4, 2005, the injured plaintiff in action No. 1, Rosanne Hendrickson (hereinafter the injured plaintiff), was operating a 1996 Ford Explorer owned by her father, William Malone, on Interstate Route 80 in New…
2Cases cited43 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by1 opinion
- Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013