1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 208 A.D.3d
  5. 208 A.D.3d 1102 (2022)
 

JIN v. HERMAN

Index No. 155675/19. Appeal No. 16266. Case No. 2021-03517.

208 A.D.3d 1102 (2022)

174 N.Y.S.3d 263

2022 NY Slip Op 05274

Hong Jin et al., Respondents, v. Henry Herman et al., Defendants, and Binyan Lorimer, LLC, et al., Appellants.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Cohen, LaBarbera & Landrigan, LLP, Chester (Kyle A. Seiss of counsel), for appellants.

Caesar and Napoli, P.C., New York (Ernest A. Spivak of counsel), for respondents

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Defendants' motion to dismiss the complaint was properly denied in this personal injury and wrongful death action arising out of a motor vehicle, operated by defendant Henry Herman, striking plaintiffs pedestrians. Accepting the facts as alleged by plaintiffs as true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), plaintiffs have stated a cause of action in vicarious liability as against the moving defendants in as much as they...

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