Myers v. Fir Cab Corp.
Cases that cite this one
22 later published cases cite this decision.
- Nellenback v. Madison County (N.Y. 2025)
- Shmueli v. Corcoran Group (New York Supreme Court 2005)
- Coads v. Nassau County (New York Supreme Court, Nassau County 2024)
- Estrella-Duarte v. Rachel Cho Inc. (Appellate Division of the Supreme Court of New York 2022)
- Alpha Phi Alpha Senior Citizens' Ctr., Inc. v. Zeta Zeta Lambda Co., Inc. (New York Supreme Court 2016)
- Alpha Phi Alpha Senior Citizens Center, Inc. v. Zeta Zeta Lambda Co. (New York Supreme Court 2016)
- Argueta v. Thind (New York Supreme Court 2012)
- Yelder v. Walters (Appellate Division of the Supreme Court of New York 2009)
- Mounsey v. Mounsey (Appellate Division of the Supreme Court of New York 2007)
- Otc Intl., Ltd. v. All Those Underwriters At Lloyd's of London Subscribing To Policy of Ins. Numbered Hn99abxc255 (New York Supreme Court, Queens County 2004)
- Marshall v. Villar (Appellate Division of the Supreme Court of New York 2003)
- Nicklas v. Tedlen Realty Corp. (Appellate Division of the Supreme Court of New York 2003)
- McShane v. Foster (Appellate Division of the Supreme Court of New York 1997)
- Pezzo v. Mazzetti (Appellate Division of the Supreme Court of New York 1994)
- G'Styr v. A & J Parking Corp. (Appellate Division of the Supreme Court of New York 1993)
- Ihrig v. New York Atlantic-Inland, Inc. (Appellate Division of the Supreme Court of New York 1991)
- Horn v. McCurdy (Appellate Division of the Supreme Court of New York 1990)
- Ingle v. Glamore Motor Sales, Inc. (N.Y. 1989)
- Rennie v. Barbarosa Transport, Ltd. (Appellate Division of the Supreme Court of New York 1989)
- LaRose v. Amazon Associates, Inc. (Appellate Division of the Supreme Court of New York 1988)
- Roth v. City of New York (Appellate Division of the Supreme Court of New York 1987)
- Viegas v. Esposito (Appellate Division of the Supreme Court of New York 1987)
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
Memorandum.
The order of the Appellate Division should be reversed, with costs, and plaintiffs’ motion for partial summary judgment denied. We agree with Justice Bentley Kassal (100 AD2d, at p 33) that summary judgment is inappropriate where, as here, competing inferences may reasonably be drawn as to whether defendant’s conduct constituted negligence.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.
Order reversed, with costs, and plaintiffs’ motion for partial summary judgment denied in a memorandum. Question certified answered in the negative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.