Reis v. Mystic Transp., Inc., 279 A.D.2d 563 (N.Y. App. Div. 2001). · Go Syfert
Reis v. Mystic Transp., Inc., 279 A.D.2d 563 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 3 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Poole v. State of New York
nyclaimsct · 2024 · signal: see · confidence high
"Testimony alone, without documentary evidence such as tax returns or pay stubs is generally insufficient as a matter of law" ( Johnson at *7; see Ramirez v City of New York , 279 AD2d 563 [2d Dept 2001]; Gomez v City of New York , 260 AD2d 598 [2d Dept 1999]).
discussed Cited "see" Poole v. State of New York
nyclaimsct · 2024 · signal: see · confidence high
"Testimony alone, without documentary evidence such as tax returns or pay stubs is generally insufficient as a matter of law" ( Johnson at *7; see Ramirez v City of New York , 279 AD2d 563 [2d Dept 2001]; Gomez v City of New York , 260 AD2d 598 [2d Dept 1999]).
Retrieving the full opinion text from the archive…
Thomas R. Reis
v.
Mystic Transportation, Inc., Coastal Oil New York, Inc., and Bayside Fuel Oil Corporation, (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Jan 22, 2001.
279 A.D.2d 563
Published

In an action to recover damages for personal injuries, etc., the defendant Mystic Transportation, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Pincus,[*564] J.), dated July 28, 1999, as denied its cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff Thomas R. Reis was injured while descending a metal rung ladder on an oil delivery truck owned by the defendant Mystic Transportation, Inc. (hereinafter Mystic). Shortly before the accident, Reis obtained an oil sample from the top of the truck during the course of his employment as an inspector for the New York City Housing Authority. At an examination before trial, Reis testified that he stepped in oil when he retrieved the sample and that the oil on his shoes caused him to slip on the ladder.

Mystic is entitled to summary judgment as a matter of law, as it made a prima facie showing that the accident was not caused by any negligence on its part (see, Segretti v Shorenstein Co., E., 256 AD2d 234; Agbi v York Intl. Corp., 249 AD2d 430; Mercer v City of New York, 223 AD2d 688, affd, 88 NY2d 955). The plaintiff failed to raise a triable issue of fact to defeat Mystic’s prima facie showing of its entitlement to summary judgment (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Krausman, J. P., Luciano, H. Miller and Feuerstein, JJ., concur.