Legal Opinion
Mikelinich v. Caliandro
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2011PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Chambers, J.
The sole issue on this appeal is whether the owner of an all-terrain vehicle is barred under Vehicle and Traffic Law § 2411 from recovering damages for personal injuries to himself and damage to his property based on the alleged negligence of a permissive driver of that vehicle. We answer this question in the negative.
Factual Background
The plaintiff, Christopher Mikelinich, alleges that on May 3, 2008, he was hit by an all-terrain vehicle (hereinafter the ATV) owned by him1 and driven by the defendant Nicholas Caliandro, allegedly injuring the plaintiff and…
2Cases cited17 opinions
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Gochee v. WagnerNew York Court of Appeals · 1931
- Murdza v. ZimmermanNew York Court of Appeals · 2003
- Plath v. JustusNew York Court of Appeals · 1971
- Continental Auto Lease Corp. v. CampbellNew York Court of Appeals · 1967
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3Cited by5 opinions
- Maniscalco v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- MONETTE, ROBERT K. v. TRUMMER, CHRISTINA L.Appellate Division of the Supreme Court of the State of New York · 2013
- Aparicio v. Uber Technologies Inc.District Court, E.D. New York · 2023
- Lawry v. LawryNew York Supreme Court · 2012
- MONETTE, ROBERT K. v. TRUMMER, CHRISTINA L.Appellate Division of the Supreme Court of the State of New York · 2013