Legal Opinion · Dissent

Velazquez v. Water Taxi, Inc.

New York Court of Appeals

Decided February 12, 1980Published

1DissentMeyer, J.

Because the majority fails to take account of the difference between plaintiff’s common-law cause of action against Water Taxi for the negligence of its own driver and plaintiff’s right against Water Taxi as a self-insurer answerable in compulsory arbitration for the negligence of the hit-and-run driver whose vehicle collided with the taxi in which plaintiff was a passenger, and improperly imposes upon plaintiff rather than Water Taxi the burden of establishing what the arbitrator in fact decided, I respectfully dissent. The thrust of the majority memorandum is that the taxi driver and the…

2Cases cited16 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. Rembrandt Industries, Inc. v. Hodges International, Inc.New York Court of Appeals · 1976
  3. Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
  4. Clark v. . ScovillNew York Court of Appeals · 1910
  5. Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902

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