Appellate Division of the Supreme Court of New York, 1997

Hyland v. Calace

Appellate Division of the Supreme Court of New York · Decided November 3, 1997

244 A.D.2d 318; 663 N.Y.S.2d 890; 1997 N.Y. App. Div. LEXIS 11029

Cases that cite this one

15 later published cases cite this decision.

Alami v. Volkswagen of America, Inc. (N.Y. 2002)
Honkala v. Lee E. Gibson Construction Co. (Appellate Division of the Supreme Court of New York 2002)
Fuzailova v. Rincon (Appellate Division of the Supreme Court of New York 2022)
Fuzailova v. Rincon (Appellate Division of the Supreme Court of New York 2022)
Gall v. Schwed (Appellate Division of the Supreme Court of New York 2014)
Papadakis v. HM Kelly, Inc. (Appellate Division of the Supreme Court of New York 2012)
Papadakis v. HM Kelly, Inc. (Appellate Division of the Supreme Court of New York 2012)
Iqbal v. Thai (Appellate Division of the Supreme Court of New York 2011)
Dauber v. Ken Lamont Stone (Appellate Division of the Supreme Court of New York 2010)
Firmes v. Chase Manhattan Automotive Finance Corp. (Appellate Division of the Supreme Court of New York 2008)
Turnmire v. Concrete Applied Technologies Corp. (Appellate Division of the Supreme Court of New York 2008)
LaSpina v. City of New York (Appellate Division of the Supreme Court of New York 2005)
Alami v. Volkswagen of America, Inc. (Appellate Division of the Supreme Court of New York 2000)
Gusek v. Compass Transportation Corp. (Appellate Division of the Supreme Court of New York 1999)
Bertrand v. Vingan (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Schmidt, J.), dated December 13, 1996, which granted the defendant third-party plaintiff’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In the early morning of April 28, 1990, the plaintiffs’ decedent drove off the southbound lanes of the Wantagh Parkway and struck the respondent’s parked trailer. An autopsy revealed that the decedent had a .15% alcohol level. There were no skid marks on the roadway. As a result of the accident, the decedent’s car was separated, leaving the rear half of the vehicle across the parkway from the front half.

The plaintiffs contend that the respondent’s trailer was illegally stopped on the roadway’s right-hand shoulder without an adequate number of barricades warning of its presence. However, assuming arguendo that the respondent’s trailer was illegally stopped, and that there were an insufficient number of *319barricades to warn of its presence, the record discloses that it was the manner in which the decedent’s automobile was being operated at the time and not the placement of the trailer which, as a matter of law, was the sole proximate cause of the accident and the decedent’s consequent death (see, Lectora v Gundrum, 225 AD2d 738, 739; Barile v Lazzarini, 222 AD2d 635; Metzler v Brawley, 209 AD2d 487; DiMarco v Verone, 147 AD2d 671, 672). O’Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.