Home/New York Court of Appeals/Herbert v. Morgan Drive-A-Way, Inc.

Herbert v. Morgan Drive-A-Way, Inc.

650 N.E.2d 1316, 85 N.Y.2d 895, 627 N.Y.S.2d 315, 1995 N.Y. LEXIS 2245
CourtNew York Court of Appeals
DecidedMarch 30, 1995
StatusPublished
Cited by5 cases

This text of 650 N.E.2d 1316 (Herbert v. Morgan Drive-A-Way, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herbert v. Morgan Drive-A-Way, Inc., 650 N.E.2d 1316, 85 N.Y.2d 895, 627 N.Y.S.2d 315, 1995 N.Y. LEXIS 2245 (N.Y. 1995).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, motion by defendants Morgan Drive-A-Way, Inc. and Errol K. Miller for summary judgment dismissing the complaint of plaintiffs Batoul Herbert and Donald Herbert as against them in action No. 1 denied and certified question answered in the affirmative for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division (202 AD2d 886, 888-889).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.

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Bluebook (online)
650 N.E.2d 1316, 85 N.Y.2d 895, 627 N.Y.S.2d 315, 1995 N.Y. LEXIS 2245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-morgan-drive-a-way-inc-ny-1995.