Ripton v. Gracie

Appellate Division of the Supreme Court of New York

Ripton v. Gracie

266 A.D.2d 885, 698 N.Y.S.2d 208, 1999 N.Y. App. Div. LEXIS 11875

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

DecidedNovember 12, 1999

StatusPublished

Cited by2 cases

This text of 266 A.D.2d 885 (Ripton v. Gracie) 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

Ripton v. Gracie, 266 A.D.2d 885, 698 N.Y.S.2d 208, 1999 N.Y. App. Div. LEXIS 11875 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motions of defendants Jane Gracie and Beverly Dries for summary judgment dismissing the complaint against them. Plaintiff Cathy A. Ripton’s 14-year-old son was injured while operating a moped owned by Dries that collided with a motor vehicle driven by Gracie. With respect to Dries, the complaint alleges the negligent entrustment of a dangerous instrument. Dries failed to establish as a matter of law that the moped is not a dangerous instrument (see, Alessi v Alessi, 103 AD2d 1023, 1023-1024), and there is a further issue of fact whether she was, or should have been, aware of its use by her children’s friends (see, Paladino v Isasi, 123 AD2d 379, 381). With respect to Gracie, the complaint alleges the negligent operation of a motor vehicle, and there is a triable issue of fact whether the emergency doctrine applies (see, Rivera v New York City Tr. Auth., 77 NY2d 322, 327, rearg denied 77 NY2d 990). (Appeals from Order of Supreme Court, Genesee County, Dillon, J. — Summary Judgment.) Present — Pine, J. P., Lawton, Hayes, Wisner and Scudder, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motions of defendants Jane Gracie and Beverly Dries for summary judgment dismissing the complaint against them. Plaintiff Cathy A. Ripton’s 14-year-old son was injured while operating a moped owned by Dries that collided with a motor vehicle driven by Gracie. With respect to Dries, the complaint alleges the negligent entrustment of a dangerous instrument. Dries failed to establish as a matter of law that the moped is not a dangerous instrument (see, Alessi v Alessi, 103 AD2d 1023, 1023-1024), and there is a further issue of fact whether she was, or should have been, aware of its use by her children’s friends (see, Paladino v Isasi, 123 AD2d 379, 381). With respect to Gracie, the complaint alleges the negligent operation of a motor vehicle, and there is a triable issue of fact whether the emergency doctrine applies (see, Rivera v New York City Tr. Auth., 77 NY2d 322, 327, rearg denied 77 NY2d 990). (Appeals from Order of Supreme Court, Genesee County, Dillon, J. — Summary Judgment.) Present — Pine, J. P., Lawton, Hayes, Wisner and Scudder, JJ.

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Bluebook (online)

266 A.D.2d 885, 698 N.Y.S.2d 208, 1999 N.Y. App. Div. LEXIS 11875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ripton-v-gracie-nyappdiv-1999.

Opinion

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