Aldridge v. Rumsey
Cases that cite this one
3 later published cases cite this decision.
- Miller v. Silvarole Trucking Inc. (Appellate Division of the Supreme Court of New York 2022)
- Harris v. Tesmer Bldrs., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Watson v. Peschel (Appellate Division of the Supreme Court of New York 2020)
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
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment with respect to defendant’s liability in this negligence action. We reject the contention of defendant that the motion was premature because he had not conducted discovery of plaintiff and eight nonparty witnesses. Plaintiffs motion sought summary relief only with respect to defendant’s conduct, and the facts essential to oppose that motion were completely within defendant’s knowledge (see, CPLR 3212 [f¡). Moreover, defendant offered no explanation for his failure to investigate the facts or conduct discovery of nonparty witnesses for more than two years after commencement of the action (see, State of New York v County of Erie, 265 AD2d 853). Contrary to the further contention of defendant, he failed to raise a triable issue of fact with respect to the applicability of the emergency doctrine. The affirmation of defendant’s attorney, who lacked first-hand knowledge of the facts relevant to the applicability of the doctrine, is insufficient to raise a triable issue of fact to defeat plaintiffs motion (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Balio, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.