Legal Opinion
Mertens v. Agway, Inc.
District Court, S.D. New York
Decided December 22, 1967No. 66 Civ. 1375PublishedCited by 5 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this diversity suit by a husband and wife for personal injuries to both of them caused by an automobile collision in Dutchess County, New York, plaintiffs move pursuant to Rule 56(c), F.R.Civ.P., for summary judgment on the issue of liability. The material facts not in dispute, as revealed in the affidavits of the parties, are as follows:
Shortly after 5:00 P.M. on April 19, 1966, plaintiff Robert Mertens, a Vermont resident, was driving his automobile in a northerly direction on Route 82 in the town of LaGrange, Dutchess County, with his wife, Gertrude Mertens,…
2Cases cited19 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Carter v. WilliamsCourt of Appeals for the Seventh Circuit · 1966
- Corbett v. ScottNew York Court of Appeals · 1926
- Mrs. Sarah St. John, for and on Behalf of Her Minor Son, Anthony Ferrante v. New Amsterdam Casualty CompanyCourt of Appeals for the Fifth Circuit · 1966
- Furlong v. StichmanDistrict Court, S.D. New York · 1959
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3Cited by5 opinions
- Hamilton v. Accu-TekDistrict Court, E.D. New York · 1996
- St. Cyr v. Greyhound Lines, Inc.District Court, E.D. New York · 1980
- Cinerama, Inc. v. Sweet Music, S.A.District Court, S.D. New York · 1972
- Baldwin v. DegenhardtAppellate Division of the Supreme Court of the State of New York · 1993
- Jemison v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1975