Topczij v. Clark
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.), entered December 15, 2004 in a personal injury action. The order denied plaintiffs’ motion to set aside the jury verdict.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the verdict is set aside and a new trial is granted.
Memorandum: Plaintiffs commenced this action seeking damages for injuries they sustained when the vehicle driven by plaintiff husband in which plaintiff wife was a passenger collided with…
2Cases cited5 opinions
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Matte v. HallAppellate Division of the Supreme Court of the State of New York · 2005
- Smith v. Perfectaire Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Bethmann v. Wide Waters Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Stringari v. Peerless Importers, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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