Legal Opinion

Cleary v. City of New York

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

Decided December 16, 1996PublishedCited by 7 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Golden, J.), entered June 1, 1995, which, upon a jury verdict, is in favor of the defendant and against him dismissing the complaint. Justice Sullivan has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, his photographic exhibit showing potholes he allegedly "swerved” to avoid was properly excluded by the trial court, since he never previously claimed or…

2Cases cited9 opinions

  1. Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
  2. Murray v. DonlanAppellate Division of the Supreme Court of the State of New York · 1980
  3. Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
  4. Borden v. BradyAppellate Division of the Supreme Court of the State of New York · 1983
  5. Sharkey v. Locust Valley Marine, Inc.Appellate Division of the Supreme Court of the State of New York · 1983

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3Cited by7 opinions

  1. Dennis v. Capital District Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Westchester Medical Center v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  3. Rodriguez v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Almestica v. ColonAppellate Division of the Supreme Court of the State of New York · 2003
  5. Schembre v. Atomic Spring & Alignment Co.Appellate Division of the Supreme Court of the State of New York · 2001

2 more not listed; retrieve them via the Exa API.

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