Pironti v. Leary, 42 A.D.3d 487 (N.Y. App. Div. 2007). · Go Syfert
Pironti v. Leary, 42 A.D.3d 487 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 6 distinct courts.
Strongest positive: Cangemi v. United States (nyed, 2013-03-29)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (quoted) Cangemi v. United States (2×)
E.D.N.Y · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
generally, issues of proximate cause are to be decided by the jury.
discussed Cited as authority (rule) Stegemann v. United States
N.D.N.Y. · 2023 · confidence medium
With respect to causation, "'a plaintiff must show that a defendant's negligence was a substantial cause of the events which produced the injury.'" Duguay v. City of New York, 861 F. Supp. 2d 236, 249 (S.D.N.Y. 2012) (quoting Pironti v. Leary, 42 A.D.3d 487, 489 (2d Dep't 2007)).
discussed Cited as authority (rule) Pierre v. Olshever
N.Y. App. Div. · 2016 · confidence medium
In opposition to the motion, neither the plaintiff nor Olshever and Nenadich raised a triable issue of fact (see Flederbach v Lennett, 65 AD3d at 1011 ; Diaz v Green, 47 AD3d at 613 ; Pironti v Leary, 42 AD3d 487, 490 [2007]; Rios v Bryant, 234 AD2d 441, 442 [1996]; Smith v Cafiero, 203 AD2d 355 [1994]).
cited Cited as authority (rule) Garcia v. All Metro Health Care
N.Y. App. Div. · 2013 · confidence medium
Corp., 51 NY2d 308, 314-316 [1980]; Pironti v Leary, 42 AD3d 487, 489-490 [2007]; Albano v Brooklyn Union Gas Co., 288 AD2d 246 [2001]; see also Mariano v New York City Tr.
cited Cited as authority (rule) Garcia v. All Metro Health Care
N.Y. App. Div. · 2013 · confidence medium
Corp., 51 NY2d 308, 314-316 [1980]; Pironti v Leary, 42 AD3d 487, 489-490 [2007]; Albano v Brooklyn Union Gas Co., 288 AD2d 246 [2001]; see also Mariano v New York City Tr.
discussed Cited as authority (rule) Bruno v. Golluscio
N.Y. App. Div. · 2013 · confidence medium
Thus, Golluscio’s cross motion was properly denied without regard to the sufficiency of the plaintiffs papers submitted in opposition to the cross motion (see Pironti v Leary, 42 AD3d 487, 490 [2007]; Velez v Hurley, 264 AD2d 513, 515 [1999]; cf. Magloire v Sitner, 91 AD3d 919, 919-920 [2012]; Vardanian v Morelli, 73 AD3d 907, 908-909 [2010]; Cuevas v New York City Bd. of Educ., 71 AD3d 815, 816 [2010]; McLeod v City of New York, 32 AD3d 907, 908 [2006]).
discussed Cited as authority (rule) Bruno v. Golluscio
N.Y. App. Div. · 2013 · confidence medium
Thus, Golluscio’s cross motion was properly denied without regard to the sufficiency of the plaintiffs papers submitted in opposition to the cross motion (see Pironti v Leary, 42 AD3d 487, 490 [2007]; Velez v Hurley, 264 AD2d 513, 515 [1999]; cf. Magloire v Sitner, 91 AD3d 919, 919-920 [2012]; Vardanian v Morelli, 73 AD3d 907, 908-909 [2010]; Cuevas v New York City Bd. of Educ., 71 AD3d 815, 816 [2010]; McLeod v City of New York, 32 AD3d 907, 908 [2006]).
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2012 · confidence medium
“In establishing a defendant’s risk level pursuant to SOBA, the People bear the burden of establishing the facts supporting the determinations sought by clear and convincing evidence” (People v Thompson, 95 AD3d at 977 ; see Correction Law § 168-n [3]; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v Hewitt, 73 AD3d 880 [2010]; People v Chambers, 66 AD3d 748, 748 [2009]; People v Bright, 63 AD3d 1133, 1134 [2009]; People v Hardy, 42 AD3d 487, 487 [2007]). “ Tn assessing points, evidence may be derived from the defendant’s admiss…
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2012 · confidence medium
“In establishing a defendant’s risk level pursuant to SOBA, the People bear the burden of establishing the facts supporting the determinations sought by clear and convincing evidence” (People v Thompson, 95 AD3d at 977 ; see Correction Law § 168-n [3]; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v Hewitt, 73 AD3d 880 [2010]; People v Chambers, 66 AD3d 748, 748 [2009]; People v Bright, 63 AD3d 1133, 1134 [2009]; People v Hardy, 42 AD3d 487, 487 [2007]). “ Tn assessing points, evidence may be derived from the defendant’s admiss…
discussed Cited as authority (rule) Duguay v. City of New York
S.D.N.Y. · 2012 · confidence medium
As to causation, under the law of New York, “[t]o establish a prima facie case of negligence, a plaintiff must show that a defendant’s negligence was a substantial cause of the events which produced the injury.” Pironti v. Leary, 42 A.D.3d 487, 489 , 840 N.Y.S.2d 98, 100 (2d Dep’t 2007).
discussed Cited as authority (rule) Jones v. G & I Homes, Inc.
N.Y. App. Div. · 2011 · confidence medium
Generally, when one causes a public road to become obstructed, there is a duty to “exercise[ ] the care that a reasonably prudent person should have under all the circumstances” (Axelrod v Krupinski, 302 NY 367, 370 [1951]; see Le Bel v Airlines Limousine Serv., 92 AD2d 996, 997 [1983]; Gonyo v Hewson, 3 AD2d 949, 950 [1957]; see generally Marsicano v Fabrizio, 61 AD3d 941, 941 [2009]; Pironti v Leary, 42 AD3d 487, 490 [2007]; DeBartolo v Coccia, 276 AD2d 663, 663-664 [2000]; Sullivan v Locastro, 178 AD2d 523, 525 [1991], Iv denied 81 NY2d 701 [1992]).
discussed Cited as authority (rule) Flederbach v. Lennett
N.Y. App. Div. · 2009 · confidence medium
In opposition to the motion, the plaintiffs failed to raise a triable issue of fact (see Pironti v Leary, 42 AD3d 487, 490 [2007]; Rios v Bryant, 234 AD2d 441, 442 [1996]; Smith v Cafiero, 203 AD2d 355 [1994]).
discussed Cited as authority (rule) Floyd v. CIBC World Markets, Inc.
S.D. Tex. · 2009 · confidence medium
While the question of proximate cause may be decided as a matter of law when only one conclusion may be drawn from the established facts, Pironti v. Leary, 42 A.D.3d 487 , 840 N.Y.S.2d 98, 100 (N.Y.App.Div.2007) (citing Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 , 434 N.Y.S.2d 166 , 414 N.E.2d 666, 670 (N.Y.1980)), typically “[t]he issues of proximate causation and superseding cause involve application of law to fact, which is left to the factfinder ...,” Exxon Co., U.S.A. v. Sofec, Inc., 517 U.S. 830, 840-41 , 116 S.Ct. 1813 , 135 L.Ed.2d 113 (1996).
discussed Cited as authority (rule) DiDomenico v. Long Beach Plaza Corp.
N.Y. App. Div. · 2009 · confidence medium
In support of their respective motions for summary judgment dismissing the second, fourth, and fifth causes of action alleging private nuisance, negligence, and trespass insofar as asserted against them, the defendants Long Beach Plaza Corp., Waldbaum, Inc., and Great Atlantic & Pacific Tea Company, Inc. (hereinafter the Long Beach defendants), and the defendant Delta Cleaners, Inc. (hereinafter Delta), submitted prima facie evidence that the discharge of perchchloroethylene (hereinafter perc) was not a proximate or substantial cause of the plaintiffs’ business losses (see generally Pironti …
discussed Cited as authority (rule) Lapidus v. State
N.Y. App. Div. · 2008 · confidence medium
Thus, to hold the State liable for negligence, a claimant must establish the elements of a negligence claim, which are the existence of a duty, a breach of that duty, and that such breach was a proximate cause of the events which produced the injury (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Pironti v Leary, 42 AD3d 487, 489 [2007]; Coral v State of New York, 29 AD3d 851 [2006]; Vetrone v Ha Di Corp., 22 AD3d 835 [2005]).
discussed Cited as authority (rule) Rosado v. Jose Bou
N.Y. App. Div. · 2008 · confidence medium
Nonetheless, there is a triable issue of fact as to whether the obstruction arising from the vehicles illegally parked on the sidewalk in violation of Brookhaven Town Code § 85-378 by employees of Joe Del’s Auto Body was a proximate cause of the collision (cf. Pironti v Leary, 42 AD3d 487, 490 [2007]).
discussed Cited as authority (rule) Diaz v. Green
N.Y. App. Div. · 2008 · confidence medium
In opposition to the motions, the plaintiffs failed to raise a triable issue of fact (see Pironti v Leary, 42 AD3d 487, 490 [2007]; Rios v Bryant, 234 AD2d 441, 442 [1996]; Smith v Cafiero, 203 AD2d 355 [1994]).
discussed Cited as authority (rule) People v. King
N.Y. App. Div. · 2007 · confidence medium
“In establishing an offender’s appropriate risk level assessment under [the Sex Offender Registration Act; hereinafter SORA], the People have ‘the burden of proving the facts supporting the determinations sought by clear and convincing evidence’ (Correction Law § 168-n [3])” (People v Hardy, 42 AD3d 487, 487 [2007], lv denied 9 NY3d 814 [2007]; see People v Lawless, 44 AD3d 738 [2007]).
discussed Cited "see" People v. Greene (Curtis)
N.Y. App. Term. · 2021 · signal: see · confidence high
The term "stranger" is defined as "anyone who is not an actual acquaintance of the [offender]" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12 [2006]; see People v Hardy , 42 AD3d 487, 487 [2007]).
discussed Cited "see" People v. Lewis
N.Y. App. Div. · 2019 · signal: see · confidence high
Risk factor 7 of the RAI assesses 20 points if the offender's crime, inter alia, was "directed at a stranger" (SORA: Risk Assessment Guidelines and Commentary at 12 [2006 ed] [hereinafter Guidelines]; see People v Hardy , 42 AD3d 487 ). "[T]he term stranger' includes anyone who is not an actual acquaintance of the victim" (Guidelines at 12).
Retrieving the full opinion text from the archive…
Mario Pironti
v.
Stephen Leary, and Kieran J. Py, and Third-Party Plaintiffs-Appellants-Respondents. Jacquelyn Henning, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Jul 17, 2007.
42 A.D.3d 487

[*488] In an action to recover damages for personal injuries, the defendants Kieran J. Py and Jeffrey Py appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), entered April 27, 2006, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, the defendants Stephen Leary and Nancy Leary cross-appeal, as limited by their brief, from so much of the same order as denied their cross motion for summary judgment dismissing the complaint and all cross clams insofar as asserted against them, and the defendants Susan Foster and Dean Foster separately cross-appeal, as limited by their brief, from so much of the same order as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying the motion of the defendants Kieran J. Py and Jeffrey Py for summary judgment dismissing the complaint and all cross claims insofar as asserted against them and substituting therefor a provision granting that motion, and (2) by deleting the provision thereof denying the cross motion of the defendants Susan Foster and Dean Foster for summary judgment dismissing the complaint and all cross claims insofar as asserted against them and substituting therefor a provision granting that cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiff to the defendants Susan Foster and Dean Foster, and the defendants Kieran J. Py and Jeffrey Py.

On the night of July 10, 2003 a vehicle owned by the defendant Dean Foster and operated by the defendant Susan Foster was involved in an accident with a vehicle owned by the defendant Nancy Leary and operated by the defendant Stephen Leary. The Foster vehicle hit the Leary vehicle after the Leary vehicle overran a stop sign at the intersection of Maple Street and Woodside Avenue in Medford. After the accident, the Foster and Leary vehicles were stopped in the middle turning lane of Woodside Avenue, a four lane roadway, with part of the Leary vehicle protruding into the left lane of eastbound traffic. The defendant Kieran J. Py stopped to assist, parking his vehicle[*489] inside the shoulder of the eastbound lanes and activating his hazard lights. The vehicle driven by the defendant Hieran J. Py was owned by the defendant Jeffrey Py. The defendants Stephen Leary, Kieran J. Py, Susan Foster, and the third-party defendant, Jacquelyn Henning, each testified that flares were placed in the road and people used glow sticks to warn oncoming traffic of the stopped vehicles.

Approximately 10 to 15 minutes after the accident between the Leary vehicle and the Foster vehicle, the plaintiff was driving his car in the left eastbound lane and he struck the Leary vehicle. Upon impact with the Leary vehicle, the plaintiffs airbag inflated, blocking his vision, after which his car struck the Py vehicle and stopped in the eastbound shoulder. The Foster vehicle was not hit by the plaintiffs car. The plaintiff testified that the road was dimly lit, he did not see glow sticks or flares, and he did not see the vehicles until a matter of seconds before he collided with the first vehicle.

The plaintiff sued the Learys, the Pys, and the Fosters for their alleged negligence as the operators or owners of the vehicles. Each group of defendants asserted cross claims against each other and the Pys commenced a third-party action against Jacquelyn Henning, who assisted in directing traffic after the first accident. Henning asserted cross claims against each of the defendants. The Pys moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, the Learys cross-moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and the Fosters separately cross-moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. The Supreme Court denied the motion and cross motions, finding that there were triable issues of fact. The Pys appeal and the Learys and the Fosters separately cross-appeal.

To establish a prima facie case of negligence, a plaintiff must show that a defendant’s negligence was a substantial cause of the events which produced the injury (see Boltax v Joy Day Camp, 67 NY2d 617, 619 [1986]; Kush v City of Buffalo, 59 NY2d 26, 32-33 [1983]; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980]). Generally, issues of proximate cause are to be decided by the jury (see Derdiarian v Felix Contr. Corp., supra at 315; Sorrentino v Wild, 224 AD2d 607 [1996]). However, in certain instances, ‘ ‘where only one conclusion may be drawn from the established facts,” the question of proximate cause may be decided as a matter of law (Derdiarian v Felix Contr. Corp., supra at 315). Liability may not be imposed upon a party[*490] who merely furnishes the condition or occasion for the occurrence of the event but is not one of its causes (see Katz v Klagsbrun, 299 AD2d 317, 318 [2002]; Williams v Envelope Tr. Corp., 186 AD2d 797, 798 [1992]).

The Supreme Court properly denied the Learys’ cross motion for summary judgment on the ground that there was a triable issue of fact as to whether the Leary vehicle was negligently left in the roadway, with part of the vehicle protruding into the left eastbound lane of traffic, and, if so, whether this negligence was a proximate cause of the plaintiff’s accident (see DeBartolo v Coccia, 276 AD2d 663, 664 [2000]). However, the Supreme Court erred in denying the Pys’ motion for summary judgment and the Fosters’ cross motion for summary judgment. Those defendants satisfied their respective evidentiary burdens by showing that the placement of their vehicles did not cause or contribute to the plaintiffs accident, but merely furnished the conditions for the accident to occur (see Katz v Klagsbrun, supra at 318; Williams v Envelope Tr. Corp., supra at 798). In opposition to the Pys’ motion and the Fosters’ cross motion, the plaintiff did not submit any evidence of a negligent act or omission by those defendants that would have proximately caused the plaintiffs accident (see Rios v Bryant, 234 AD2d 441, 442 [1996]). Accordingly, the plaintiff failed to raise a triable issue of fact with respect to the liability of the Pys and the Fosters. Schmidt, J.E, Santucci, Skelos and Balkin, JJ, concur.