Legal Opinion
O'Malley v. USA Waste of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 2001PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Gigante, J.), dated March 21, 2000, which granted the plaintiffs motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff was injured as he stepped out of his double-parked vehicle. He was struck by the steel door of a container being transported on the defendants’ vehicle which had swung open as it was passing the plaintiffs vehicle. While negligence cases do not generally lend themselves to resolution by…
2Cases cited3 opinions
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Haylett v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Lazar v. Fea Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Whitehead v. Reithoffer Shows, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Pouso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Pouso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Hall v. MayAppellate Division of the Supreme Court of the State of New York · 2001
- Pouso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005