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Question of Fact Whether Licensed Driver Properly Supervised Young Driver with a Learner’s Permit

In an automobile collision case, the Second Department determined defendant’s motion for summary judgment was properly denied because a question of fact had been raised about whether defendant properly supervised the young driver who held a learner’s permit. The court explained the relevant law:

The learner-driver with a permit “may only operate a motor vehicle while under the immediate supervision and control of a duly licensed driver” (…see Vehicle and Traffic Law § 502[5][a][ii]). A licensed driver “is under a duty to use general or reasonable care in the instruction and supervision of the learner-driver” …, and also must “take necessary measures to prevent negligence on the part of the driver with the learner’s permit” … . Mejia v Kennedy, 2015 NY Slip Op 00504, 2nd Dept 1-21-15

 

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THE BANK IN THIS FORECLOSURE ACTION SENT THE RPAPL 1304 NOTICE TO BOTH BORROWERS IN THE SAME ENVELOPE, A VIOLATION OF THE “SEPARATE ENVELOPE” RULE (SECOND DEPT).
THE J.H.O./REFEREE WAS NOT AUTHORIZED BY CPLR 3104 OR ANY ORDER ISSUED BY THE COURT TO CONSIDER AN ALLEGED DEFICIENCY IN THE AMENDED BILL OF PARTICULARS; THE ISSUE PRESENTED A QUESTION OF LAW WHICH COULD NOT HAVE BEEN AVOIDED BELOW, THEREFORE IT MAY BE RAISED FOR THE FIRST TIME ON APPEAL; ORDER STRIKING THE COMPLAINT VACATED (SECOND DEPT).
PLAINTIFF INJURED WHEN CHAIR IN CUSTODIAN’S BREAK ROOM COLLAPSED, SCHOOL DEMONSTRATED IT DID NOT HAVE NOTICE OF THE DANGEROUS CONDITION AND RES IPSA LOQUITUR DID NOT APPLY BECAUSE THE CHAIR WAS DEEMED NOT TO BE IN THE EXCLUSIVE CONTROL OF THE SCHOOL DISTRICT (SECOND DEPT).
APPELLANT, WHICH HAD PURCHASED THE PROPERTY WHILE THE FORECLOSURE ACTION WAS PENDING, SHOULD HAVE BEEN ALLOWED TO INTERVENE, CRITIERIA EXPLAINED (SECOND DEPT).
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