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Martin v. Gallagher Truck Center, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 534 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Orange County (Bellantoni, J.).


Ordered that the judgment is reversed, on the law, with costs, the order dated September 25, 1996, is vacated, the motion for summary judgment is denied, and the plaintiffs' complaint is reinstated.

Viewing the facts in the light most favorable to the plaintiffs, we find that questions of fact exist as to whether the defendant's service manager did, in fact, instruct the plaintiff Jacqueline Martin on how to disengage her vehicle's emergency brake in the manner which allegedly caused her injuries, and if the defendant thereby assumed a duty of care to her ( see, e.g., Cohen v. Heritage Motor Tours, 205 A.D.2d 105; Gordon v Muchnick, 180 A.D.2d 715).

O'Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Martin v. Gallagher Truck Center, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 534 (N.Y. App. Div. 1997)
Case details for

Martin v. Gallagher Truck Center, Inc.

Case Details

Full title:JACQUELINE MARTIN et al., Appellants, v. GALLAGHER TRUCK CENTER, INC.…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 534 (N.Y. App. Div. 1997)
665 N.Y.S.2d 579

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