Sutter v. Nelson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the County Court, Nassau County (Fertig, J.), dated April 22, 1985, which is in favor of the defendants and against him, based upon the plaintiff’s failure to establish a prima facie case of damages.
Ordered, that the judgment is reversed, with costs, and a new trial is granted on the issue of damages.
In light of the established merit of the liability phase of the *635plaintiffs claim, the diligence exercised by the plaintiff’s counsel, the short delay requested, and the importance of the…
2Cases cited3 opinions
- Balogh v. H.R.B. Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 1983
- Gombas v. RobertsAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
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- Dunleavy v. SamuelAppellate Division of the Supreme Court of the State of New York · 1991
- Klein v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Josephson v. HigginsAppellate Division of the Supreme Court of the State of New York · 1997
- Steinbach v. DonnelliAppellate Division of the Supreme Court of the State of New York · 1988