Legal Opinion
La Page v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 1990PublishedCited by 14 opinions
1Opinion of the Court
Kane, J. P.
Appeal from an order of the Supreme Court (Plumadore, J.), entered October 16, 1989 in Franklin County, which denied defendant’s motion for summary judgment dismissing the complaint.
On September 28, 1986, plaintiff’s decedent was killed in an automobile accident on County Route 30 in Franklin County. Prior to the accident, decedent consumed several bottles of beer with defendant and then agreed to a race to determine *832who had the faster vehicle. Decedent’s brother, Andrew Baker, accompanied decedent while defendant drove alone. According to a report by a State Trooper who…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Barker v. KallashNew York Court of Appeals · 1984
- Humphrey v. StateNew York Court of Appeals · 1983
- Reno v. D'JavidNew York Court of Appeals · 1977
- Clark v. StateAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by14 opinions
- Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Mischalski v. Ford Motor Co.District Court, E.D. New York · 1996
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Phifer v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Wolfe v. HatchAppellate Division of the Supreme Court of the State of New York · 2012
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