March 30, 2009

Negligence.

Practice point: The owner of an improperly parked car may be held liable to a plaintiff who is injured by the negligent driver of another vehicle.

Practitioners should note that liability requires a finding on foreseeability and proximate cause.

Case: Yavkina v. New York City Police Dept., NY Slip Op 01640 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Notice of claim.