Legal Opinion

Fiocca v. Kirschner

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

Decided May 16, 2002Published

1Opinion of the CourtCarpinello, J.

Cross appeals from an order of the Supreme Court (Vogt, J.H.O.), entered October 11, 2001 in Ulster County, which granted defendant’s motion to amend his answer and denied defendant’s motion to dismiss the complaint.

On November 21, 1996, plaintiff William J. Fiocca (hereinafter plaintiff) and Julie Labodin were both employees of the United States Postal Service and worked at one of its facilities in Orange County. On that date, plaintiff, while walking to his car during a routine break in his shift, was hit by Labodin’s vehicle in the employee parking lot. Labodin had just arrived at the…

2Cases cited11 opinions

  1. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
  2. Jones v. LittlejohnCourt of Appeals of Georgia · 1996
  3. Combs v. United StatesDistrict Court, E.D. Kentucky · 1991
  4. Brennan v. FatataNew York Supreme Court · 1974
  5. Pitt v. MatolaDistrict Court, N.D. New York · 1995

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