Legal Opinion

Rodriguez v. Cato

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 1978PublishedCited by 15 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County, entered February 17, 1976, granting judgment in favor of the defendant is reversed, on the law and the facts and in the exercise of discretion, vacated, and is remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In this action for damages for personal injuries, it seems that defendant Gruskin was driving a motor vehicle in the scope of his employment, such vehicle being owned by defendant Cato, when the accident occurred. It appears that plaintiff, upon hearing the bells of an ice cream truck at about 4:30…

2Cases cited3 opinions

  1. DiGrazia v. CastronovaAppellate Division of the Supreme Court of the State of New York · 1975
  2. Great Southwest Fire Insurance v. Long Island Oil Products Co.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Herbst v. BaloghAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by15 opinions

  1. Rivera v. Bronx-Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1979
  2. Pivar v. Graduate School of Figurative Art of the New York Academy of ArtAppellate Division of the Supreme Court of the State of New York · 2002
  3. Bagailuk v. WeissAppellate Division of the Supreme Court of the State of New York · 1985
  4. Breitung v. CanzanoAppellate Division of the Supreme Court of the State of New York · 1997
  5. Veal v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1989

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