Benjamin v. Desai
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
This personal injury action arises out of a motor vehicle accident that occurred on August 27, 1993 in the City of Binghamton, Broome County, during the course of which plaintiff Alan J. Benjamin allegedly sustained certain injuries to, among other things, his back and neck. Shortly thereafter, Benjamin and his spouse, derivatively, commenced this action against defendant Jayesh V. Desai, the owner of the vehicle involved in the accident, and defendant Sushma J. Desai, the operator of said vehicle, and the matter proceeded to trial in February 1995.
On the morning of the trial, defendants…
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