Legal Opinion

Rodriguez v. Elmont School District

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 2007PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals, by permission, from an order of the Supreme Court, Nassau County (Woodard, J.), dated March 10, 2006, which granted the plaintiff’s oral motion pursuant to CPLR 4404 (a) to set aside a jury verdict on the issue of liability in favor of the defendant and against the plaintiff as against the weight of the evidence, and granted a new trial on that issue.

Ordered that the order is affirmed, with costs.

In 1998 the plaintiff, then a nine-year-old fourth grader at a school owned and operated by the defendant, allegedly was…

2Cases cited7 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  3. Garrett v. ManaserAppellate Division of the Supreme Court of the State of New York · 2004
  4. Swan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2006
  5. Misa v. FilanciaAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by4 opinions

  1. Lader v. ShermanAppellate Division of the Supreme Court of the State of New York · 2009
  2. Mata v. Huntington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  3. Victoria H. v. Board of Educ. of City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Mata v. Huntington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008

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