New York Court of Appeals, 2003

Stalikas v. United Materials, L.L.C.

New York Court of Appeals · Decided October 23, 2003

100 N.Y.2d 626; 801 N.E.2d 411

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

Passos v. MTA Bus Co. (Appellate Division of the Supreme Court of New York 2015)
People v. Johnson (Appellate Division of the Supreme Court of New York 2022)
People v. Lathrop (Appellate Division of the Supreme Court of New York 2019)
Kraeger v. Federal Express Corp. (Appellate Division of the Supreme Court of New York 2017)
BROWN, LINDA M. v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2016)
REYES, RAMON, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
Brown v. State (Appellate Division of the Supreme Court of New York 2016)
Brown v. State (Appellate Division of the Supreme Court of New York 2016)
People v. Reyes (Appellate Division of the Supreme Court of New York 2016)
People v. Reyes (Appellate Division of the Supreme Court of New York 2016)
People v. Hare (Appellate Division of the Supreme Court of New York 2015)
SHAW, THEODORE J. v. ROSHA ENTERPRISES, INC. (Appellate Division of the Supreme Court of New York 2015)
Shaw v. Rosha Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2015)
Shaw v. Rosha Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2015)
BARNES, JR., THEODORE F. v. DELLAPENTA, LISA A. (Appellate Division of the Supreme Court of New York 2013)
Martin v. Cartledge (Appellate Division of the Supreme Court of New York 2013)
Martin v. Cartledge (Appellate Division of the Supreme Court of New York 2013)
WILD, MARCIA A. v. CATHOLIC HEALTH SYSTEM (Appellate Division of the Supreme Court of New York 2011)
MURDOCH, STEPHEN v. NIAGARA FALLS BRIDGE COMMISSION (Appellate Division of the Supreme Court of New York 2011)
LONG, LAURIE v. NIAGARA FRONTIER TRANSPORTATION, AUTHORITY (Appellate Division of the Supreme Court of New York 2011)
Long v. Niagara Frontier Transportation Authority (Appellate Division of the Supreme Court of New York 2011)
Murdoch v. Niagara Falls Bridge Commission (Appellate Division of the Supreme Court of New York 2011)
Wild v. Catholic Health System (Appellate Division of the Supreme Court of New York 2011)
Tutrani v. County of Suffolk (N.Y. 2008)
People v. Oakes (Appellate Division of the Supreme Court of New York 2008)

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.

The orders of the Appellate Division should be affirmed, with costs.

In this action seeking damages for injuries plaintiff suffered in a five-car chain reaction accident, the Appellate Division properly determined that any error by Supreme Court in refusing to charge this jury pursuant to PJI3d 2:26 was harmless. Here, the only statute allegedly violated was Vehicle *628and Traffic Law § 1129 (a), which requires that drivers “not follow another vehicle more closely than is reasonable and prudent” under the circumstances. The jury found defendants not negligent under a reasonable and prudent standard as charged by Supreme Court (see CPLR 2001, 2002).

Further, sufficient proof was adduced at trial from which a reasonable jury could infer that defendants were not negligent. Because sufficient evidence in the record exists to support the verdict in defendants’ favor, the Appellate Division did not err in declining to disturb it.

Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.