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Cardiff v. David L. Vickers & Sons
Citation: 2019 NY Slip Op 6277Docket: 543.4 CA 17-01394
Court: Appellate Division of the Supreme Court of the State of New York; August 22, 2019; New York; State Appellate Court
Original Court Document: View Document
In Cardiff v. David L. Vickers. Sons, the Appellate Division of the New York Supreme Court, Fourth Department, addressed an appeal concerning a judgment from Oneida County that awarded damages to Donald and Diana Cardiff against David L. Vickers. Sons and David L. Vickers individually. The court reviewed the case, particularly focusing on the plaintiffs' claims of negligence. The court unanimously vacated the original judgment and modified an earlier order from December 10, 2015, by granting the defendants' motion for summary judgment, thereby dismissing the negligence cause of action. The order was affirmed in all other respects without costs. The decision aligns with the court's previous ruling in a related case, Sestito v. David L. Vickers. Sons. The ruling emphasizes the court's stance on the insufficiency of the evidence presented to support the negligence claim against the defendants.