Sweeney v. Bruckner Plaza Associates

Catterson and McGuire, JJ.,

dissent in a memorandum by McGuire, J., as follows: I disagree with the majority that Supreme Court erred in granting defendants’ separate motions at the close of plaintiffs case for dismissal of the causes of action for trespass to chattel and negligence based on events that occurred on December 23, 1997. Accordingly, I respectfully dissent in part.

On December 23, 1997, plaintiff, his teenage brother and a six-year-old boy (whose legal guardian was plaintiff) drove to a shopping center owned by defendant Bruckner. Plaintiff was a wheelchair-bound quadriplegic who…