Legal Opinion
Phipps v. Michalak
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 3 opinions
1Opinion of the Court
*1375Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when the driver of the vehicle in which he was a passenger lost control of the vehicle and drove onto the shoulder of a roadway in defendant County of Allegany (County). The vehicle then rolled over on the passenger side and struck a driveway culvert. We agree with plaintiff that Supreme Court erred in granting the motion of the County for summary judgment dismissing the complaint and cross claim against it and in denying the cross motion of plaintiff for leave to amend his bill of particulars. With respect…
2Cases cited5 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Stiuso v. City of New YorkNew York Court of Appeals · 1995
- Pontello v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1983
- Gallets v. General Motors Acceptance Corp.New York Court of Appeals · 1983
- Carollo v. Town of ColdenAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by3 opinions
- Stewart v. DunklemanAppellate Division of the Supreme Court of the State of New York · 2015
- STEWART, MELBA v. DUNKLEMAN, JR., KENNETH G.Appellate Division of the Supreme Court of the State of New York · 2015
- Stewart v. DunklemanAppellate Division of the Supreme Court of the State of New York · 2015