Legal Opinion

Pontello v. County of Onondaga

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

Decided July 11, 1983PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHNEPP, J.

We are called on to consider the potential liability of the defendant county for damages arising from an unwitnessed single-car accident in which the motor vehicle left the paved portion of the highway due ostensibly to driver error, traveled along the road’s shoulder and an abutting ditch and crashed into a culvert. Special Term found that the issue of proximate cause “is one of, at best, speculation and surmise without any factual basis” and it granted summary judgment to the county because “[t]here is simply no triable issue.” We disagree.

*428The essential facts…

2Cases cited19 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Andre v. PomeroyNew York Court of Appeals · 1974
  3. Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
  4. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  5. Gutelle v. City of New YorkNew York Court of Appeals · 1981

14 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Bach v. StateCourt of Appeals of Arizona · 1986
  2. Kirisits v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  3. Ether v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  4. O'Keeffe v. StateAppellate Division of the Supreme Court of the State of New York · 1988
  5. Pierson v. DaytonAppellate Division of the Supreme Court of the State of New York · 1991

13 more not listed; retrieve them via the Exa API.

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