Legal Opinion
Bernhard v. Faulds
New York Supreme Court
Decided August 3, 1965PublishedCited by 4 opinions
1Opinion of the CourtJacob Ark, J.
This is a motion to dismiss the complaint pursuant to CPLR 3211 (subd. [a]) upon the ground that the court has no jurisdiction over the subject matter of the action. The cause of action is for injuries .sustained by the plaintiff by reason of the negligence of the defendant, who at the time of the accident, which occurred on August 18, 1964, was operating a truck owned by the State of New York, with its permission and consent.
It is the movant’s position that by virtue of section 388 of the Vehicle and Traffic Law the negligence of the driver is imputed to the owner of the vehicle and that…
2Cases cited7 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Berger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940
- Berger v. City of New YorkNew York Court of Appeals · 1941
- Kosiba v. City of SyracuseNew York Court of Appeals · 1942
- Adams v. StateAppellate Division of the Supreme Court of the State of New York · 1942
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Olmstead v. BrittonAppellate Division of the Supreme Court of the State of New York · 1975
- Pratt v. StateNew York Court of Claims · 1999
- Perry v. MurrayNew York Supreme Court · 1974