Legal Opinion
Argentina v. Emery World Wide Delivery Corp.
New York Court of Appeals
Decided July 1, 1999PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue before this Court is whether a plaintiff who was injured while unloading a truck can recover damages from the truck’s owner pursuant to Vehicle and Traffic Law § 388 (1) when the truck itself was not the instrumentality that caused the injury. Finding the issue to be an open one, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:
“Whether, under New York’s Vehicle and Traffic Law Section 388 (1), loading and unloading constitute ‘use or operation’ of a vehicle.
“Whether, under New York’s Vehicle…
2Cases cited14 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
- Fried v. SeippelNew York Court of Appeals · 1992
- Breen v. Cunard Lines Steamship Co.New York Court of Appeals · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- The Burlington Insurance Company v. NYC Transit AuthorityNew York Court of Appeals · 2017
- Janice Mazella v. William Beals, M.D.New York Court of Appeals · 2016
- Hain v. JamisonNew York Court of Appeals · 2016
- Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
- Esposito v. WrightAppellate Division of the Supreme Court of the State of New York · 2006
59 more not listed; retrieve them via the Exa API.