Stein v. Pat Noto, Inc.

Appellate Division of the Supreme Court of New York

Stein v. Pat Noto, Inc.

226 A.D.2d 624, 641 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 4452

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

DecidedApril 22, 1996

StatusPublished

Cited by4 cases

This text of 226 A.D.2d 624 (Stein v. Pat Noto, Inc.) 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

Stein v. Pat Noto, Inc., 226 A.D.2d 624, 641 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 4452 (N.Y. Ct. App. 1996).

Pincite

Opinion

The plaintiff was injured when his vehicle left a paved roadway and collided with a construction site maintained by the defendant. The plaintiff has failed to raise a triable issue of fact as to whether the defendant violated 17 NYCRR former 131.17 (c) (2) and (d) (1) (ii). In addition, the defendant unquestionably established that the proximate cause of the accident was the plaintiff’s loss of control of his vehicle, and that the construction site merely furnished the condition for the occurrence, not the cause (see, Margolin v Friedman, 43 NY2d 982; Rivera v Goldstein, 152 AD2d 556). Mangano, P. J., Thompson, Florio and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The plaintiff was injured when his vehicle left a paved roadway and collided with a construction site maintained by the defendant. The plaintiff has failed to raise a triable issue of fact as to whether the defendant violated 17 NYCRR former 131.17 (c) (2) and (d) (1) (ii). In addition, the defendant unquestionably established that the proximate cause of the accident was the plaintiff’s loss of control of his vehicle, and that the construction site merely furnished the condition for the occurrence, not the cause (see, Margolin v Friedman, 43 NY2d 982; Rivera v Goldstein, 152 AD2d 556). Mangano, P. J., Thompson, Florio and McGinity, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

226 A.D.2d 624, 641 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 4452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-pat-noto-inc-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack