Hernandez v. New York Post Co.

Appellate Division of the Supreme Court of New York

Hernandez v. New York Post Co.

205 A.D.2d 447, 613 N.Y.S.2d 896, 1994 N.Y. App. Div. LEXIS 6703

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

DecidedJune 28, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 447 (Hernandez v. New York Post Co.) 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

Hernandez v. New York Post Co., 205 A.D.2d 447, 613 N.Y.S.2d 896, 1994 N.Y. App. Div. LEXIS 6703 (N.Y. Ct. App. 1994).

Pincite

Opinion

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 2, 1993, inter alia, granting plaintiffs motion for partial summary judgment as to liability against defendant, unanimously affirmed, without costs.

While negligence cases by their nature do not usually lend themselves to summary judgment (Ugarriza v Schmieder, 46 NY2d 471, 474), in this case plaintiff established his entitlement to partial summary judgment in his favor (Bush v St. Clare’s Hosp., 82 NY2d 738, 739). The record reveals that defendant driver’s operation of a Hi-Lo forklift, in reverse, without first taking notice of the presence of any individuals in the surrounding area, was a proximate cause of the vehicle’s contact with plaintiff resulting in injury to his right ankle. Moreover, no material issues of fact exist concerning defendant’s claim of comparative negligence. Concur—Sullivan, J. P., Rosenberger, Ross, Williams and Tom, JJ.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 2, 1993, inter alia, granting plaintiffs motion for partial summary judgment as to liability against defendant, unanimously affirmed, without costs.

While negligence cases by their nature do not usually lend themselves to summary judgment (Ugarriza v Schmieder, 46 NY2d 471, 474), in this case plaintiff established his entitlement to partial summary judgment in his favor (Bush v St. Clare’s Hosp., 82 NY2d 738, 739). The record reveals that defendant driver’s operation of a Hi-Lo forklift, in reverse, without first taking notice of the presence of any individuals in the surrounding area, was a proximate cause of the vehicle’s contact with plaintiff resulting in injury to his right ankle. Moreover, no material issues of fact exist concerning defendant’s claim of comparative negligence. Concur—Sullivan, J. P., Rosenberger, Ross, Williams and Tom, JJ.

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Bluebook (online)

205 A.D.2d 447, 613 N.Y.S.2d 896, 1994 N.Y. App. Div. LEXIS 6703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-new-york-post-co-nyappdiv-1994.

Opinion

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