Legal Opinion
Hawkins v. Unterborn
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 1975No. Appeal No. 1; Appeal No. 2; Appeal No. 3PublishedCited by 2 opinions
1Opinion of the CourtCarbamone, J.
The question raised on this appeal is whether it was proper for the trial court to dismiss the complaint of the estate in a wrongful death action at the close of its case on the grounds that decedent was contributorily negligent as a matter of law. We conclude that on the facts in this record it was not.
Briefly, on February 4, 1972 a snowy, blustery day decedent Unterborn was proceeding south along Route 19 (Lake Road) in the Town of Clarkson, Monroe County, New York. Defendant Nesbitt, who lived on Lake Road, left his house, got into his vehicle and backed out into the highway. He then…
2Cases cited6 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Reed v. . McCordNew York Court of Appeals · 1899
- People v. MelskiNew York Court of Appeals · 1961
- Rossman v. La GregaNew York Court of Appeals · 1971
- Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. KuhnAppellate Division of the Supreme Court of the State of New York · 1995
- Kusterman v. GlickAppellate Division of the Supreme Court of the State of New York · 1985