Gardner v. Cason, Inc.
Cases that cite this one
14 later published cases cite this decision.
- Wesolowski v. St. Francis Hospital (Appellate Division of the Supreme Court of New York 2013)
- Wesolowski v. St. Francis Hospital (Appellate Division of the Supreme Court of New York 2013)
- Museau v. Franklin CV Owner, LLC (New York Supreme Court, Kings County 2024)
- Laura Andrew, Inc. v. Holub Enters., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Sodhi v. 112 Park Enterprises, LLC (Appellate Division of the Supreme Court of New York 2017)
- Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP (Civil Court of the City of New York 2016)
- Worley v. Safemove Rental (Appellate Division of the Supreme Court of New York 2014)
- Johnson v. Richardson (Appellate Division of the Supreme Court of New York 2014)
- Schlichting v. Elliquence Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
- Schlichting v. Elliquence Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
- Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Jones v. American Commerce Insurance (Appellate Division of the Supreme Court of New York 2012)
- Bond v. DeMasco (Appellate Division of the Supreme Court of New York 2011)
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
The plaintiff commenced this action, as the administrator of the estate of Anthony Lewis Gardner (hereinafter the decedent), who was her husband, and individually, to recover damages arising from a motor vehicle accident that resulted in the death of the decedent. In an affidavit submitted in support of the plaintiffs motion for summary judgment on the issue of liability, the plaintiff averred that the decedent was proceeding on his motorcycle in the left lane of the two-lane exit ramp from the eastbound Nassau Expressway leading to the Van Wyck Expressway in Queens. At the same time, a tractor-trailer truck (hereinafter the defendants’ truck) owned by the defendant Cason, Inc., and operated by the defendant William D. Grumbly, was in the right lane of the two-lane exit ramp adjacent to the decedent. The plaintiff was operating a separate motor vehicle in the right lane behind the defendants’ truck, with one vehicle between the plaintiffs vehicle and the defendants’ truck. While making a turn on the exit ramp, the defendants’ truck tipped over into the left lane, spilling its contents onto the roadway, striking the decedént and his motorcycle.
In opposition to the plaintiffs motion for summary judgment on the issue of liability, the defendants primarily argued that the motion was premature. The Supreme Court granted the motion. We reverse.
It was premature to award summary judgment at this stage of the case. “This is especially so where the opposing party has not had a reasonable opportunity for disclosure prior to the making of the motion” (Baron v Incorporated Vil. of Freeport, 143 AD2d 792, 793 [1988]). The plaintiff and the defendant Grumbly submitted, among other things, affidavits containing discrepancies pertaining to the circumstances of the accident, including as to the decedent’s culpability. Furthermore, no depositions have been conducted, including any depositions of key
The parties’ remaining contentions either are without merit or have been rendered academic in light of our determination. Covello, J.E, Chambers, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.