EUM v. STEPHENS

1 Citing case

  1. Benavides v. J.J.R. Hort Servs., Inc.

    2014 N.Y. Slip Op. 30023 (N.Y. Sup. Ct. 2014)

    In addition, there are issues of fact whether Mascitelli owed a duty to the plaintiff and had actual or constructive notice of the defective wheel. The operator of a motor vehicle has a duty to himself and others to inspect a vehicle and its equipment prior to their use, and is negligent for failure to discover patent defects (Fried v Korn, 286 AD 107, 141 NYS2d 529 [1st Dept 1955], affd 1 NY2d 691, 150 NYS2d 798 [1956]; see also Eum v Stephens, 29 Misc 3d 1225[A], 918 NYS2d 400 [Sup Ct, Kings County 2010]). Mascitelli testified that he did not inspect the van before he took it out on the day of the accident. However, he has not established whether or not the alleged defective condition was or was not a patent defect.