Peevey v. Burgess
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: On the morning of November 12, 1987, defendant drove his pickup truck to Sharrow Ford, Inc. (Sharrow) for service. Defendant, a tobacco chewer, had attached a homemade spittoon to the emergency brake release handle under the dashboard of the truck. That morning the spittoon contained about six ounces of spit. After Sharrow mechanic Robert Shaff completed his work on the truck’s alignment, he opened the driver’s door to get a better view as he backed the truck off the service ramp. Shaff…
2Cases cited7 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Kriz v. SchumNew York Court of Appeals · 1989
- Danielenko v. Kinney Rent a Car, Inc.New York Court of Appeals · 1982
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3Cited by6 opinions
- Paul v. CooperAppellate Division of the Supreme Court of the State of New York · 2007
- Cohen v. Interlaken Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Joblon v. SolowDistrict Court, S.D. New York · 1998
- Smart v. RivetAppellate Division of the Supreme Court of the State of New York · 2015
- SMART, LUKE DOUGLAS v. RIVET, JR., DANFORTH J.Appellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.