Legal Opinion

Berkeley v. Park

New York Supreme Court

Decided August 13, 1965PublishedCited by 75 opinions

1Opinion of the CourtRobert O. Brink, J.

The defendant in the above-entitled action has moved under CPLR 3211 (subd. [a], par. 7) to dismiss from the complaint five causes of action based on allegations of common-law negligence. The causes of action involved have been designated in the complaint as the Second, Fourth, Sixth, Seventh and Eighth causes of action. Two of the causes involve damages for wrongful death of two persons. The other three involve personal injuries of a mother and her two children.

*382All of the persons killed and injured were occupants of the same car involved in a head-on collision with another motor vehicle. The…

2Cases cited14 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  3. Mary Ann Waynick v. Chicago's Last Department Store, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1959
  4. Fleckner v. DionneCalifornia Court of Appeal · 1949
  5. Mead v. . StrattonNew York Court of Appeals · 1882

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3Cited by75 opinions

  1. El Chico Corp. v. PooleTexas Supreme Court · 1987
  2. Vesely v. SagerCalifornia Supreme Court · 1971
  3. Ontiveros v. BorakArizona Supreme Court · 1983
  4. Lewis v. StateSupreme Court of Iowa · 1977
  5. Brigance v. Velvet Dove Restaurant, Inc.Supreme Court of Oklahoma · 1986

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