Naeris v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNally, J.
The principal issues on this appeal are whether the evidence presented raised jury questions as to proximate *197cause and reasonable foreseeability in respect of the defendant-appellant’s act of double parking and the accident. The learned trial court, in dismissing the complaint at the close of the proof, assumed the defendant’s truck was double parked, that the act of the defendant was negligent, but concluded, as a matter of law, that the negligence was not the proximate cause of the occurrence. A proper consideration of the issues requires a detailed narrative of the circumstances.
On Sunday,…
2Cases cited9 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- Munsey v. WebbSupreme Court of the United States · 1913
- O'Neill v. City of Port JervisNew York Court of Appeals · 1930
- Carlock v. Westchester Lighting Co.New York Court of Appeals · 1935
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3Cited by9 opinions
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Sullivan v. LocastroAppellate Division of the Supreme Court of the State of New York · 1991
- O'Connor v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
- Dowling v. Consolidated Carriers Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Jordan v. AvilesAppellate Division of the Supreme Court of the State of New York · 2001
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