Hall v. May

Appellate Division of the Supreme Court of New York

Hall v. May

286 A.D.2d 922, 731 N.Y.S.2d 414, 2001 N.Y. App. Div. LEXIS 9159

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

DecidedSeptember 28, 2001

StatusPublished

This text of 286 A.D.2d 922 (Hall v. May) 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.

Bluebook

Hall v. May, 286 A.D.2d 922, 731 N.Y.S.2d 414, 2001 N.Y. App. Div. LEXIS 9159 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously reversed on the law without costs, motion granted and complaint and cross claim against defendants Donald Ackley-Perot and U-Haul Corporation of Ohio dismissed. Memorandum: James Hall (plaintiff) was unloading a legally parked U-Haul rental van when he was pinned between the van and a vehicle operated by defendant Joan E. May and owned by defendant Gregory May. Plaintiff’s right foot was severed above the ankle as a result of the accident. Supreme Court erred in denying the motion of Donald Ackley-Perot, the lessee-operator of the rental van, and U-Haul Corporation of Ohio, the lessor of the van (defendants), seeking summary judgment dismissing the complaint and cross claim against them. Defendants sustained their initial burden by demonstrating as a matter of law that they were not negligent and that their conduct in any event did not cause or contribute to the accident, and plaintiffs failed to raise a triable question of fact on those issues (see, Singh v Kolcaj Realty Corp., 283 AD2d 350, 351, citing Margolin v Friedman, 43 NY2d 982; O’Malley v USA Waste, 283 AD2d 409; Dormena v Wallace, 282 AD2d 425; Misel v N.F.C. Cab Corp., 277 AD2d 83, 84; Gleason v Reynolds Leasing Corp., 227 AD2d 375, 376, lv denied 89 NY2d 802). (Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.) Present— Pigott, Jr., P. J., Hayes, Wisner, Kehoe and Burns, JJ.

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—Order unanimously reversed on the law without costs, motion granted and complaint and cross claim against defendants Donald Ackley-Perot and U-Haul Corporation of Ohio dismissed. Memorandum: James Hall (plaintiff) was unloading a legally parked U-Haul rental van when he was pinned between the van and a vehicle operated by defendant Joan E. May and owned by defendant Gregory May. Plaintiff’s right foot was severed above the ankle as a result of the accident. Supreme Court erred in denying the motion of Donald Ackley-Perot, the lessee-operator of the rental van, and U-Haul Corporation of Ohio, the lessor of the van (defendants), seeking summary judgment dismissing the complaint and cross claim against them. Defendants sustained their initial burden by demonstrating as a matter of law that they were not negligent and that their conduct in any event did not cause or contribute to the accident, and plaintiffs failed to raise a triable question of fact on those issues (see, Singh v Kolcaj Realty Corp., 283 AD2d 350, 351, citing Margolin v Friedman, 43 NY2d 982; O’Malley v USA Waste, 283 AD2d 409; Dormena v Wallace, 282 AD2d 425; Misel v N.F.C. Cab Corp., 277 AD2d 83, 84; Gleason v Reynolds Leasing Corp., 227 AD2d 375, 376, lv denied 89 NY2d 802). (Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.) Present— Pigott, Jr., P. J., Hayes, Wisner, Kehoe and Burns, JJ.

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Bluebook (online)

286 A.D.2d 922, 731 N.Y.S.2d 414, 2001 N.Y. App. Div. LEXIS 9159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-may-nyappdiv-2001.

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