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Schiavone v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 430 (N.Y. App. Div. 2000)

Opinion

Argued March 25, 1997.

April 3, 2000.

In an action to recover damages for personal injuries, the defendant City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated January 2, 1996, as denied its cross motion to dismiss the complaint. By decision and order of this court dated June 30, 1997, the order was reversed insofar as appealed from (see,Schiavone v. City of New York, 240 A.D.2d 723 ). By decision and order of the Court of Appeals dated October 20, 1998 (see,Schiavone v. City of New York, 92 N.Y.2d 308 ), the decision and order of this court was reversed and the matter was remitted to this court for determination of the issue raised, but not determined, on the appeal to this court.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Janet L. Zaleon of counsel), for appellant.

Moskowitz, Passman Edelman, New York, N.Y. (Matthew K. Breitman and Jeffrey Motelson of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the contentions of the defendant, the Vehicle and Traffic Law violations asserted by the plaintiff constituted sufficient statutory predicates for a cause of action pursuant toGeneral Municipal Law § 205-e (see, Gonzalez v. Iocovello, 93 N.Y.2d 539 ; Desmond v. City of New York, 88 N.Y.2d 455 ; Kelly v. City of New York, 240 A.D.2d 709 ; Gleavy v. City of New York, 240 A.D.2d 700 ).


Summaries of

Schiavone v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 430 (N.Y. App. Div. 2000)
Case details for

Schiavone v. City of New York

Case Details

Full title:JAMES SCHIAVONE, JR., respondent, v. CITY OF NEW YORK, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 3, 2000

Citations

271 A.D.2d 430 (N.Y. App. Div. 2000)
706 N.Y.S.2d 895