Legal Opinion

Lynton v. Metcalf

Civil Court of the City of New York

Decided November 9, 1971PublishedCited by 4 opinions

1Opinion of the CourtMartin- B. Stecher, J.

On the night of January 19, 1971, Andrew Lynton, while driving his father’s Volkswagen on an eastside Manhattan street drew abreast of a double-parked taxi. The cab was too close to the vehicles parked at the curb to its left, so its exiting passenger opened the street-side door just in time for it to meet Andrew’s oncoming car. There is little doubt that both the cab driver and passenger were negligent; that Andrew was free of neglect; and that the consequent damage was in the sum of $404.29. Prior to instituting this action Andrew’s father settled his claim against the taxi company for $250…

2Cases cited4 opinions

  1. Mills v. GabrielNew York Court of Appeals · 1940
  2. Mills v. GabrielAppellate Division of the Supreme Court of the State of New York · 1940
  3. Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
  4. Stole v. United States Steel Corp.New York Supreme Court · 1962

3Cited by4 opinions

  1. McConnell v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
  2. McConnell v. Fireman's Fund American InsuranceNew York Supreme Court · 1974
  3. Industrial Chemical & Fiberglass Corp. v. The North River Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1990
  4. Industrial Chemical & Fiberglass Corp. v. North River InsuranceCourt of Appeals for the Eleventh Circuit · 1990

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