Legal Opinion

Dominguez v. Fontanella

New York Supreme Court

Decided July 31, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Lucy Billings, J.

I. Background

Plaintiffs sue to recover for personal injuries and loss of services sustained January 6, 2007, when a motor vehicle owned and operated by defendant Fabian, in which plaintiff Sergio Dominguez, Jr. was a passenger, struck the rear of a motor vehicle owned and operated by defendant Fontanella while traveling on the Hutchinson River Parkway in Westchester County. Fontanella moves for summary judgment dismissing the claims against her (CPLR 3212 [b]), on the ground she is not liable for the collision. Upon oral argument and after attempts to…

2Cases cited34 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Tutrani v. County of SuffolkNew York Court of Appeals · 2008
  3. Ferrer v. HarrisNew York Court of Appeals · 1982
  4. Maheshwari v. City of New YorkNew York Court of Appeals · 2004
  5. Mason v. U.E.S.S. Leasing Corp.New York Court of Appeals · 2001

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