Buckman & Whitbeck Professional Engineering & Land Surveying v. Haseley Consultants

Appellate Division of the Supreme Court of New York

Buckman & Whitbeck Professional Engineering & Land Surveying v. Haseley Consultants

239 A.D.2d 900, 661 N.Y.S.2d 806, 1997 N.Y. App. Div. LEXIS 6257

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

DecidedMay 30, 1997

StatusPublished

This text of 239 A.D.2d 900 (Buckman & Whitbeck Professional Engineering & Land Surveying v. Haseley Consultants) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buckman & Whitbeck Professional Engineering & Land Surveying v. Haseley Consultants, 239 A.D.2d 900, 661 N.Y.S.2d 806, 1997 N.Y. App. Div. LEXIS 6257 (N.Y. Ct. App. 1997).

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Opinion

Order unanimously affirmed without costs. Memorandum: Supreme [901]*901Court properly denied plaintiff’s motion for summary judgment dismissing the counterclaim and affirmative defense. Plaintiff contends that defendants’ assertion of negligence on the part of plaintiff is necessarily premised upon the doctrine of res ipsa loquitur. We disagree. In opposition to the motion, defendants submitted affidavits containing specific allegations of negligent conduct on the part of plaintiff. Thus, although the parties are in agreement concerning the underlying facts, defendants raised a question of fact for jury determination (see, Noody v Facer, 105 AD2d 1112).

We have considered the remaining contentions raised on appeal and conclude that they are without merit. (Appeal from Order of Supreme Court, Cayuga County, Corning, J.—Summary Judgment.) Present—Green, J. P., Lawton, Doerr and Fallon, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme [901]*901Court properly denied plaintiff’s motion for summary judgment dismissing the counterclaim and affirmative defense. Plaintiff contends that defendants’ assertion of negligence on the part of plaintiff is necessarily premised upon the doctrine of res ipsa loquitur. We disagree. In opposition to the motion, defendants submitted affidavits containing specific allegations of negligent conduct on the part of plaintiff. Thus, although the parties are in agreement concerning the underlying facts, defendants raised a question of fact for jury determination (see, Noody v Facer, 105 AD2d 1112).

We have considered the remaining contentions raised on appeal and conclude that they are without merit. (Appeal from Order of Supreme Court, Cayuga County, Corning, J.—Summary Judgment.) Present—Green, J. P., Lawton, Doerr and Fallon, JJ.

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239 A.D.2d 900, 661 N.Y.S.2d 806, 1997 N.Y. App. Div. LEXIS 6257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckman-whitbeck-professional-engineering-land-surveying-v-haseley-nyappdiv-1997.

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