Legal Opinion

Provenzano v. City of New York

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

Decided May 10, 2001Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Robert Lippmann, J., and a jury), entered August 10, 1999, in favor of defendants and against plaintiff, unanimously affirmed, without costs.

Plaintiffs posttrial motion for judgment notwithstanding the verdict or a new trial was properly denied. Evidence at trial showed that plaintiff was guiding the sanitation truck driven by the individual defendant through a difficult turn; that plaintiff signaled defendant intending that he straighten the wheels; that defendant interpreted the signal to mean that he move forward; and that the truck then came into…

2Cases cited2 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Lee v. BonavitaAppellate Division of the Supreme Court of the State of New York · 1995

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