Legal Opinion
Nitzke v. Loveland
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the *1059following Memorandum: Supreme Court erred in concluding that the jury’s apportionment of fault was not supported by legally sufficient evidence. Although plaintiff’s vehicle was struck from behind by a truck operated by Loveland, evidence that plaintiff’s vehicle stopped abruptly in the left passing lane of an arterial highway was sufficient to raise a triable issue regarding the relative degrees of fault. Further, the court should…
2Cases cited3 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Nelson v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Claim of Fellner v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by9 opinions
- Kihl v. PfefferAppellate Division of the Supreme Court of the State of New York · 2007
- Givens v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Greene v. Frontier Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Walker v. ZdanowitzAppellate Division of the Supreme Court of the State of New York · 1999
- Krueger v. WildeAppellate Division of the Supreme Court of the State of New York · 1994
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