Reed v. Lyman

Appellate Division of the Supreme Court of New York

Reed v. Lyman

44 A.D.2d 545, 353 N.Y.S.2d 475, 1974 N.Y. App. Div. LEXIS 5373

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

DecidedMarch 25, 1974

StatusPublished

This text of 44 A.D.2d 545 (Reed v. Lyman) 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

Reed v. Lyman, 44 A.D.2d 545, 353 N.Y.S.2d 475, 1974 N.Y. App. Div. LEXIS 5373 (N.Y. Ct. App. 1974).

Pincite

Opinion

Order, Supreme Court, New York County, entered on July 31, 1973, denying summary judgment on the issue of liability, unanimously reversed, on the law, and summary judgment is directed in favor of the plaintiff, and an assessment of damages is directed. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The defendant entered his car in a garage with the motor having been left running by the attendant. He shifted from “neutral” to “drive”, and the vehicle raced forward to the pedestrian sidewalk and struck the passing plaintiff. The only indicated possible defense is the statement by the defendant’s counsel referring to evidence of a mechanical failure or malfunction of defendant’s automobile. However, no specific explanation is given nor [546]*546is it given by the defendant himself. There being the clear inference of negligence on the part of the defendant and a failure to establish a genuine and substantial issue, summary judgment for the plaintiff is warranted. (Iandoli v. Lange, 35 A D 2d 793.) Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Lane, JJ.

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Order, Supreme Court, New York County, entered on July 31, 1973, denying summary judgment on the issue of liability, unanimously reversed, on the law, and summary judgment is directed in favor of the plaintiff, and an assessment of damages is directed. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The defendant entered his car in a garage with the motor having been left running by the attendant. He shifted from “neutral” to “drive”, and the vehicle raced forward to the pedestrian sidewalk and struck the passing plaintiff. The only indicated possible defense is the statement by the defendant’s counsel referring to evidence of a mechanical failure or malfunction of defendant’s automobile. However, no specific explanation is given nor [546]*546is it given by the defendant himself. There being the clear inference of negligence on the part of the defendant and a failure to establish a genuine and substantial issue, summary judgment for the plaintiff is warranted. (Iandoli v. Lange, 35 A D 2d 793.) Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Lane, JJ.

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Bluebook (online)

44 A.D.2d 545, 353 N.Y.S.2d 475, 1974 N.Y. App. Div. LEXIS 5373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-lyman-nyappdiv-1974.