Legal Opinion

Aquino v. Higgins

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

Decided December 30, 2009PublishedCited by 3 opinions

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while he was a passenger in a vehicle that was driven by then 19-year-old defendant Michael Higgins and was owned by his parents (hereafter, defendant parents). We conclude that Supreme Court erred in denying that part of the motion of defendant parents seeking summary judgment dismissing the fourth cause of action, and we therefore modify the order and judgment by granting in its entirety their motion for summary judgment and dismissing the complaint against them. Plaintiff alleged in the fourth cause of…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. D'Amico v. ChristieNew York Court of Appeals · 1987
  3. Appell v. MandelAppellate Division of the Supreme Court of the State of New York · 2002
  4. Rudden v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2009
  5. ZZ. v. BlasenAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by3 opinions

  1. Parslow v. LeakeAppellate Division of the Supreme Court of the State of New York · 2014
  2. Martino v. StolzmanAppellate Division of the Supreme Court of the State of New York · 2010
  3. Parslow v. LeakeAppellate Division of the Supreme Court of the State of New York · 2014

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