Sweeney v. Future Ambulette

Appellate Division of the Supreme Court of New York

Sweeney v. Future Ambulette

224 A.D.2d 285, 638 N.Y.S.2d 613, 1996 N.Y. App. Div. LEXIS 1078

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

DecidedFebruary 15, 1996

StatusPublished

This text of 224 A.D.2d 285 (Sweeney v. Future Ambulette) 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

Sweeney v. Future Ambulette, 224 A.D.2d 285, 638 N.Y.S.2d 613, 1996 N.Y. App. Div. LEXIS 1078 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Anne Targum, J.), entered December 20, 1994, which denied plaintiff’s motion to dismiss defendant Seneca Home Attendant Program’s first affirmative defense of limited liability under CPLR article 16, unanimously affirmed, without costs.

In this action for personal injuries, Seneca’s employee, who was plaintiff’s home attendant, was merely a passenger in the ambulette in which plaintiff was being transported, and was therefore not "using” the vehicle within the meaning of the exception to limited liability, for jointly liable defendants contained in CPLR 1602 (6). Concur — Murphy, P. J., Wallach, Ross, Nardelli and Tom, JJ.

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—Order, Supreme Court, Bronx County (Anne Targum, J.), entered December 20, 1994, which denied plaintiff’s motion to dismiss defendant Seneca Home Attendant Program’s first affirmative defense of limited liability under CPLR article 16, unanimously affirmed, without costs.

In this action for personal injuries, Seneca’s employee, who was plaintiff’s home attendant, was merely a passenger in the ambulette in which plaintiff was being transported, and was therefore not "using” the vehicle within the meaning of the exception to limited liability, for jointly liable defendants contained in CPLR 1602 (6). Concur — Murphy, P. J., Wallach, Ross, Nardelli and Tom, JJ.

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Bluebook (online)

224 A.D.2d 285, 638 N.Y.S.2d 613, 1996 N.Y. App. Div. LEXIS 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-future-ambulette-nyappdiv-1996.