Myers v. Fir Cab Corp.

N.Y.

Court: New York Court of Appeals

Citations: 64 N.Y.2d 806, 486 N.Y.S.2d 922, 476 N.E.2d 321, 1985 N.Y. LEXIS 17602

Decision Date: 2/5/1985

Jurisdiction: NY

Bluebook Citation: Myers v. Fir Cab Corp., 64 N.Y.2d 806, 486 N.Y.S.2d 922, 476 N.E.2d 321, 1985 N.Y. LEXIS 17602 (1985)

More Cases: N.Y. decisions from 1985

Princess Myers, an Infant, by Her Father and Natural Guardian, David Myers, et al., Respondents, v Fir Cab Corp. et al., Appellants.

Attorneys

APPEARANCES OF COUNSEL
Robin Mary Heaney for appellants.
Roy M. Warner for respondents.

majority

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.

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