Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Leathers v. Approved Oil Co. of Brooklyn, Inc.
Citation: 2023 NY Slip Op 00180Docket: Index No. 31903/18E Appeal No. 17111 Case No. 2021-04721
Court: Appellate Division of the Supreme Court of the State of New York; January 16, 2023; New York; State Appellate Court
Original Court Document: View Document
Emile Leathers, as Administrator of the Estate of Danielle Monique Leathers, filed a lawsuit against Approved Oil Co. of Brooklyn, Inc. and driver Atallah Deeb following the fatal accident on March 23, 2017, where Danielle was struck by a Mack Tanker truck at the intersection of Bruckner Boulevard and East 138th Street in the Bronx. The Supreme Court, Bronx County, denied the defendants' motion for summary judgment on liability while also denying the plaintiff's cross-motion for the same relief. However, the Appellate Division modified this decision, granting the defendants partial summary judgment regarding the decedent's negligence, acknowledging that she was crossing against the light while the driver had a green light. The court noted that there were triable issues of fact concerning the defendants' negligence, specifically whether the driver was speeding and if he had an unobstructed view of the decedent. The determination of whether the decedent was solely at fault or if both parties were comparatively negligent is left for trial. All other arguments presented by the parties were found to be unavailing. This order was entered on January 17, 2023.