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ARGENTINA v. EMERY WORLD WIDE

93 N.Y.2d 554 (1999)

715 N.E.2d 495

693 N.Y.S.2d 493

ARTHUR ARGENTINA et al., Appellants, v. EMERY WORLD WIDE DELIVERY CORP., Defendant and Third-Party Plaintiff-Respondent, BEST CONSULTING CORP., Respondent, et al., Defendant. P. CHIMENTO, INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1999.

Attorney(s) appearing for the Case

White, Quinlan, Staley & Ledwith, Garden City (Peter K. Ledwith of counsel), for appellants.

Nowell Amoroso Klein Bierman, P.A., New York City (Andrew A. Elman and William D. Bierman of counsel), for defendant and third-party plaintiff-respondent.

Hoffman Pollok & Pickholz, L. L. P., New York City (William A. Rome of counsel), and James P. O'Connor for third-party defendant-respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

The issue before this Court is whether a plaintiff who was injured while unloading a truck can recover damages from the truck's owner pursuant to Vehicle and Traffic Law § 388 (1) when the truck itself was not the instrumentality that caused the injury. Finding the issue to be an open one, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:

"Whether, under...

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