Hyland v. Calace
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Schmidt, J.), dated December 13, 1996, which granted the defendant third-party plaintiff’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In the early morning of April 28, 1990, the plaintiffs’ decedent drove off the southbound lanes of the Wantagh Parkway and struck the respondent’s parked trailer. An autopsy revealed that the decedent had a .15% alcohol level. There were no skid marks on the roadway.…
2Cases cited4 opinions
- Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
- Lectora v. GundrumAppellate Division of the Supreme Court of the State of New York · 1996
- DiMarco v. VeroneAppellate Division of the Supreme Court of the State of New York · 1989
- Metzler v. BrawleyAppellate Division of the Supreme Court of the State of New York · 1994
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- Papadakis v. HM Kelly, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Bertrand v. VinganAppellate Division of the Supreme Court of the State of New York · 1998
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