1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 50 N.Y.2d
  5. 50 N.Y.2d 46 (1980)
 

MALLOY v. TROMBLEY

50 N.Y.2d 46 (1980)

Thomas E. Malloy, Appellant, v. Douglas A. Trombley, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1980.

Attorney(s) appearing for the Case

Victor A. Rossetti for appellant.

Morgan L. Jones, Jr., for respondent.

Chief Judge COOKE and Judges JASEN and FUCHSBERG concur with Judge JONES; Judge FUCHSBERG concurs in a separate opinion; Judge GABRIELLI dissents and votes to reverse in another opinion in which Judges WACHTLER and MEYER concur; Judge MEYER concurs in a separate dissenting opinion.

JONES, J.

The finding by the Court of Claims, when it dismissed his claim against the State of New York, that plaintiff was contributorily negligent and that his negligence was a substantial factor in causing the accident, bars recovery by him in the present action.

On the evening of October 13, 1974, Douglas A. Trombley, defendant herein, was driving north on Purdy Road, a two-lane, unlighted rural highway...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases