Appellate Victory-Appellate Division,Second Department

Samuel Figueroa v. Felice Tornabene
In this action, plaintiff claimed he was injured when our client’s horse and carriage struck his car turning it on its side after the horse became frightened by a loud noise while going down the street in Manhattan. Plaintiff’s injuries included the complete amputation of one finger and a degloving of his entire hand. Prior to trial, Eric Cooper made a motion for summary judgment to dismiss the action and the plaintiff cross moved for a finding of liability against our client based upon their negligent operation of the horse and carriage. The trial court denied our motion and granted plaintiff’s motion. However, on appeal, the Appellate Division reversed agreeing with Eric’s argument that our clients acted reasonably under the circumstances and were not negligent, and therefore dismissed the plaintiff’s complaint.