Margolin v. Friedman
Cases that cite this one
54 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stone v. Williams (Appellate Division of the Supreme Court of New York 1983)
- Di Ponzio v. Riordan (Appellate Division of the Supreme Court of New York 1996)
- Liquori v. Brown (Appellate Division of the Supreme Court of New York 2019)
- Rubano v. Farina (Appellate Division of the Supreme Court of New York 2015)
- Rattray v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Portelli v. Garcia (New York Supreme Court 2003)
- Martin v. W.B. Restaurant Inc. (Appellate Division of the Supreme Court of New York 2000)
- Gelbman v. Second National Bank (Ohio 1984)
- Sheryll v. United General Construction (Appellate Division of the Supreme Court of New York 2016)
- Sciafla v. Roman Catholic Church of Our Lady of Hope (Appellate Division of the Supreme Court of New York 2014)
- Sciafla v. Roman Catholic Church of Our Lady of Hope (Appellate Division of the Supreme Court of New York 2014)
- Collins v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Collins v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- D'Andrea v. Koutsopetras (Appellate Division of the Supreme Court of New York 2012)
- Anton v. West Manor Construction Corp. (Appellate Division of the Supreme Court of New York 2012)
- Anton v. West Manor Construction Corp. (Appellate Division of the Supreme Court of New York 2012)
- Castillo v. Amjack Leasing Corp. (Appellate Division of the Supreme Court of New York 2011)
- Jarvis v. LaFarge North America, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Ingrassia v. Lividikos (Appellate Division of the Supreme Court of New York 2008)
- Rodriguez v. Hernandez (Appellate Division of the Supreme Court of New York 2007)
- Singh v. Kolcaj Realty Corp. (Appellate Division of the Supreme Court of New York 2001)
- Comolli v. 81 & 13 Cortland Associates, L.P. (Appellate Division of the Supreme Court of New York 2001)
- Hall v. May (Appellate Division of the Supreme Court of New York 2001)
- Bonsera v. Universal Recycling Services Corp. (Appellate Division of the Supreme Court of New York 2000)
- McCauley v. Sidor (Appellate Division of the Supreme Court of New York 2000)
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
OPINION OF THE COURT
Memorandum.
This accident occurred when an automobile driven by a patron of the car wash went out of control. The only basis for liability against defendants, one which constructed and the other which operated the car wash, are the allegations that the premises were improperly designed and maintained, and that there was an absence of a warning sign. The courts have rejected attempts by plaintiffs in similar circumstances to show a causal connection between the design or maintenance of the premises and negligent operation of a vehicle (see, e.g., Weber v City of New York, 24 AD2d 618, affd 17 NY2d 790; Tauraso v Texas Co., 275 App Div 856, affd 300 NY 567; cf. Pulka v Edelman, 40 NY2d 781). In essence, the accident happened as a result of the driver’s failure to control his vehicle. The premises "merely furnished the condition or occasion for the occurrence of the event rather than one of its causes” (Sheehan v City of New York, 40 NY2d 496, 503; see Rivera v City of New York, 11 NY2d 856).
Accordingly, the order of the Appellate Division should be affirmed, with costs.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke concur in memorandum; Judge Fuchs-berg taking no part.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.