Pyle v. County of Suffolk

Appellate Division of the Supreme Court of New York

Pyle v. County of Suffolk

283 A.D.2d 413, 723 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4759

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

DecidedMay 7, 2001

StatusPublished

This text of 283 A.D.2d 413 (Pyle v. County of Suffolk) 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

Pyle v. County of Suffolk, 283 A.D.2d 413, 723 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 2001).

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Opinion

—In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Cowan, J.), entered December 17, 1999, which, upon the granting of the defendants’ motion, in effect, pursuant to CPLR 4401 made at the close of the plaintiff’s case for judgment in their favor as a matter of law, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs decedent was killed when his vehicle rear-ended a tractor-trailer truck owned by the defendant County of Suffolk. Even accepting the plaintiffs evidence as true, and giving the plaintiff the benefit of the most favorable inferences which can reasonably be drawn from the evidence, the [414]*414defendants were entitled to judgment as a matter of law (see, Singer v Long Is. Light. Co., 211 AD2d 779, 780).

The plaintiffs remaining contentions are without merit. Santucci, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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—In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Cowan, J.), entered December 17, 1999, which, upon the granting of the defendants’ motion, in effect, pursuant to CPLR 4401 made at the close of the plaintiff’s case for judgment in their favor as a matter of law, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs decedent was killed when his vehicle rear-ended a tractor-trailer truck owned by the defendant County of Suffolk. Even accepting the plaintiffs evidence as true, and giving the plaintiff the benefit of the most favorable inferences which can reasonably be drawn from the evidence, the [414]*414defendants were entitled to judgment as a matter of law (see, Singer v Long Is. Light. Co., 211 AD2d 779, 780).

The plaintiffs remaining contentions are without merit. Santucci, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

283 A.D.2d 413, 723 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pyle-v-county-of-suffolk-nyappdiv-2001.

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