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MURCIN, JOEL v. MAC CONTRACTING, LLC.
Citations: 101 A.D.3d 1764; 958 N.Y.2d 244; 958 N.Y.S.2d 244Docket: CA 12-00542
Court: Appellate Division of the Supreme Court of the State of New York; December 27, 2012; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, modified a prior order regarding Joel and Maria Murcin's appeal following an accident involving a backhoe at a construction site. The court affirmed the lower court's denial of the plaintiffs' cross motion for summary judgment on the issue of negligence, finding that they did not prove the defendant's negligence in maintaining the backhoe directly led to the accident. Although plaintiffs argued that the parking brake was set before exiting the machine, the court concluded there was insufficient evidence to establish a defect in the brake that caused the backhoe to roll down the slope and injure Joel. However, the court agreed with the plaintiffs that the backhoe qualifies as a “motor vehicle” under the Vehicle and Traffic Law for the purposes of brake maintenance requirements. As a result, the third ordering paragraph of the original order was vacated, and the cross motion was granted to this extent. The modified order was affirmed without costs.