Legal Opinion

Thomas v. Drake

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1988PublishedCited by 18 opinions

1Opinion of the CourtWeiss, J.

Appeal from an order of the Supreme Court (Mercure, J.), entered December 4, 1987 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.

This action was commenced on behalf of plaintiff Eric O. Thomas (hereinafter plaintiff) for personal injuries allegedly sustained when the infant was struck in the left leg by a tractor trailer on February 11, 1985 while walking home from school.* Supreme Court granted defendants’ motion for summary judgment dismissing the complaint on the premise that plaintiff failed to make a prima facie showing of "serious…

2Cases cited8 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Scheer v. KoubekNew York Court of Appeals · 1987
  3. Kordana v. PomellitoAppellate Division of the Supreme Court of the State of New York · 1986
  4. Gootz v. KellyAppellate Division of the Supreme Court of the State of New York · 1988
  5. Sole v. KurnikAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by18 opinions

  1. Gaddy v. EylerAppellate Division of the Supreme Court of the State of New York · 1991
  2. Cushing v. SeemannAppellate Division of the Supreme Court of the State of New York · 1998
  3. Kimball v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
  4. Cammarere v. VillanovaAppellate Division of the Supreme Court of the State of New York · 1990
  5. Paternoster v. DrehmerAppellate Division of the Supreme Court of the State of New York · 1999

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