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HERNANDEZ v. NEW YORK POST CO., INC.

205 A.D.2d 447 (1994)

613 N.Y.S.2d 896

Juan Hernandez, Respondent, v. New York Post Co., Inc., et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1994

While negligence cases by their nature do not usually lend themselves to summary judgment (Ugarriza v Schmieder, 46 N.Y.2d 471, 474), in this case plaintiff established his entitlement to partial summary judgment in his favor (Bush v St. Clare's Hosp., 82 N.Y.2d 738, 739). The record reveals that defendant driver's operation of a Hi-Lo forklift, in reverse, without first taking notice of...

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