Appellate Division of the Supreme Court of New York, 2012

Papadakis v. HM Kelly, Inc.

Appellate Division of the Supreme Court of New York · Decided July 18, 2012

97 A.D.3d 731; 947 N.Y.2d 902

Cases that cite this one

5 later published cases cite this decision.

Braverman v. Bendiner & Schlesinger, Inc. (Appellate Division of the Supreme Court of New York 2014)
HAIN, ANDREW J. v. JAMISON, ANGELA J. (Appellate Division of the Supreme Court of New York 2015)
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)

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

*732The defendants established their entitlement to judgment as a matter of law by submitting evidence that the location of their vehicle merely furnished the condition for the subject accident, and that the plaintiffs negligent operation of her vehicle was the sole proximate cause of the accident (see Iqbal v Thai, 83 AD3d 897 [2011]; Hyland v Calace, 244 AD2d 318 [1997]; Lectora v Gundrum, 225 AD2d 738 [1996]). In opposition, the plaintiff failed to raise a triable issue of fact. The Supreme Court therefore properly granted the defendants’ motion for summary judgment dismissing the complaint. Balkin, J.P., Leventhal, Hall and Cohen, JJ., concur.

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