Legal Opinion

Murray-Davis v. Rapid Armored Corp.

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

Decided December 12, 2002PublishedCited by 6 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about August 15, 2001, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We disagree with the conclusion of the motion court, although not its ultimate disposition, and find that an issue of fact exists as to whether defendants’ armored vehicle was illegally double-parked (see 34 RCNY 4-08 [f]), as it has been held that a violation of a double-parking statute is some evidence of negligence which should go to the jury (Ferguson v Gassman, 229 AD2d 464; see…

2Cases cited3 opinions

  1. Ferrer v. HarrisNew York Court of Appeals · 1982
  2. Ferguson v. GassmanAppellate Division of the Supreme Court of the State of New York · 1996
  3. Newman v. HartAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. Yavkina v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
  2. Borbon v. PescoranAppellate Division of the Supreme Court of the State of New York · 2010
  3. Glen v. MurphyNew York Supreme Court · 2004
  4. Gerrity v. MuthanaAppellate Division of the Supreme Court of the State of New York · 2006
  5. Glen v. MurphyNew York Supreme Court, Nassau County · 2004

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