Legal Opinion
Rhodes v. United Parcel Service
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 2006PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 25, 2005, which denied defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
The court properly denied defendants’ motion for summary judgment since questions of fact exist as to the applicability of the emergency doctrine, including whether defendant Kippins kept the vehicle he was driving a safe distance from plaintiff s van, whether he was traveling at an unsafe rate of speed given the…
2Cases cited5 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
- Quiles v. GreeneAppellate Division of the Supreme Court of the State of New York · 2002
- Rabassa v. CaldasAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by4 opinions
- Cahoon v. FrechetteAppellate Division of the Supreme Court of the State of New York · 2011
- Markowitz v. LewisAppellate Division of the Supreme Court of the State of New York · 2007
- Davis v. StuckeyAppellate Division of the Supreme Court of the State of New York · 2011
- Martinez v. Academy Bus LLCAppellate Division of the Supreme Court of the State of New York · 2008