Legal Opinion

Maniscalco v. New York City Transit Authority

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

Decided May 8, 2012PublishedCited by 10 opinions

1Opinion of the Court

*511Order, Supreme Court, New York County (George J. Silver, J.), entered June 23, 2010, which granted plaintiffs motion for summary judgment as to liability and directed that the damages trial encompass the issue of plaintiffs fault, modified, on the law, to deny plaintiffs motion, and otherwise affirmed, without costs.

Although plaintiff presented uncontroverted evidence that the defendant driver negligently failed to yield the right-of-way in a pedestrian crosswalk, the record also raises — as the dissent acknowledges — a triable issue concerning plaintiffs comparative fault. The Court of…

Also in this document: Dissent.

2Cases cited28 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Auerbach v. BennettNew York Court of Appeals · 1979
  3. Hecht v. City of New YorkNew York Court of Appeals · 1983
  4. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  5. Tutrani v. County of SuffolkNew York Court of Appeals · 2008

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3Cited by10 opinions

  1. Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
  2. Geralds v. DamianoAppellate Division of the Supreme Court of the State of New York · 2015
  3. Bhowmik v. SantanaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  5. Joplin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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