Callihan v. Moore
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Yesawich Jr., J. P.
Appeals (1) from an order of the Supreme Court (Ellison, J.), entered September 13, 1991 in Chemung County, which granted defendant Jerry C. Moore’s motion for summary judgment dismissing the complaint against him, and (2) from the judgment entered thereon.
Just before dawn on October 18, 1989, defendant Jerry C. Moore (hereinafter defendant) was driving in the right-hand southbound lane of State Route 14 in the Town of Horseheads, Chemung County, when his van "sputtered” and stalled. Defendant, with gas can in hand, and his daughter, a passenger, left the vehicle and began…
2Cases cited7 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Ferrer v. HarrisNew York Court of Appeals · 1982
- O'Connor v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
- Brogan v. ZummoAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by4 opinions
- Comeau v. WrayAppellate Division of the Supreme Court of the State of New York · 1997
- Bikowicz v. LaBombardAppellate Division of the Supreme Court of the State of New York · 1995
- Martinez v. NovinAppellate Division of the Supreme Court of the State of New York · 2003
- Palmer v. SmiroldoAppellate Division of the Supreme Court of the State of New York · 2017