O'MALLEY v. USA WASTE OF NEW YORK, INC.


283 A.D.2d 409 (2001)

724 N.Y.S.2d 170

DANIEL O'MALLEY, Respondent, v. USA WASTE OF NEW YORK, INC., et al., Appellants.

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

Decided May 7, 2001.


Ordered that the order is affirmed, with costs.

The plaintiff was injured as he stepped out of his double-parked vehicle. He was struck by the steel door of a container being transported on the defendants' vehicle which had swung open as it was passing the plaintiff's vehicle. While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion should be granted where the facts clearly point to the negligence of one party...

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