Legal Opinion
Levitt v. Peluso
New York Supreme Court
Decided December 7, 1995PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Bernard F. McCaffrey, J.
This is a negligence action arising out of a May 20, 1994 accident wherein the plaintiff, a pedestrian, was blinded in one eye by an egg thrown from a moving automobile owned by defendant Eugene Peluso and permissively operated by defendant Patrick Peluso in which defendant Russell DiBenedetto was a passenger. The sole basis of liability alleged against defendant Eugene Peluso is Vehicle and Traffic Law § 388 which imposes vicarious liability against the owner of a motor vehicle for injury resulting from negligence in its permissive use or operation.
2Cases cited17 opinions
- Westchester Fire Ins. Co. v. Continental Ins. Co.New Jersey Superior Court Appellate Division · 1973
- Westchester Fire Insurance v. Continental InsuranceSupreme Court of New Jersey · 1974
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
- Grayes v. DiStasioAppellate Division of the Supreme Court of the State of New York · 1990
- United Services Automobile Ass'n v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by6 opinions
- Wells v. Enterprise Rent-A-Car MidwestSupreme Court of Iowa · 2004
- Ciminello v. HartfordAppellate Division of the Supreme Court of the State of New York · 2009
- Progressive Casualty Insurance v. YodiceNew York Supreme Court · 1999
- DeJesus v. New York City Transit AuthorityNew York Supreme Court · 1997
- Castillo v. Kittatinny Canoes Corp.Appellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.